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Judgment
S.S. Grewal, J.
This petition under Articles 226/227 of the Constitution of India relates to release of the petitioner on furlough for a period of two weeks under Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as `the Act'').
In brief, the facts relevant for the disposal of this petition, are that the petitioner was convicted under Section 302, Indian Penal Code, by the Sessions Judge, Chandigarh, and sentenced to undergo imprisonment for life, on 6th March, 1979. He was released on parole from 1st October, 1980 to 30th October, 1980 and, during this period he committed another murder, in which he was again convicted and sentenced to undergo imprisonment for life on 9th September, 1981.
Furlough has been sought mainly on the ground that the subsequent behaviour of the petitioner, during the period he underwent the imprisonment, was quite good, and, he has been released on furlough on two more occasions, i.e. 5th January, 1986 to 20th January, 1986, and 9th October, 1987 to 24th October, 1987. The fact that the petitioner was granted emergency parole/furlough on three occasions after the second conviction has not been denied by the State.
The main grievance of the State is that the petitioner had misused the concession of parole, while, he committed the second murder.
The fact remains that even after the conviction and sentence after the second murder, the petitioner had been granted emergency parole/furlough on three occasions, and no complaint has been made against the petitioner concerning his conduct. In the peculiar circumstances of the case, the mere fact that the petitioner was convicted for the second murder in October, 1980, while he was on four weeks'' parole, cannot be considered as a legal bar for granting furlough to the petitioner at this stage.
It was further submitted on behalf of the State that release of the petitioner is likely to endanger maintenance of public order. This argument is hardly tenable in the circumstances, referred to above.
For the foregoing reasons, the petitioner is directed to be released on furlough for a period of two weeks, subject to his furnishing adequate security bonds to the satisfaction of the Chief Judicial Magistrate, Chandigarh.
After the period of furlough is over, the petitioner shall surrender before the Jail Authorities concerned.
JUDGMENT accordingly.