Crwp No. 1204 of 2013 Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1057566
CourtPunjab and Haryana High Court
Decided OnJul-04-2013
AppellantCrwp No. 1204 of 2013
RespondentState of Punjab and Others
Excerpt:
crwp no.1204 of 2013 -1- in the high court of punjab and haryana at chandigarh ***** crwp no.1204 of 2013 date of decision :4. 7.2013 mohar singh and another ........petitioners versus state of punjab and others ........respondents coram: hon'ble mr.justice jasbir singh hon'ble mr.justice g.s.sandhawalia present:- mr.j.p.sharma, advocate, for the petitioners ms.ritu punj, addl. ag, punjab --- jasbir singh, j. (oral) at the time of arguments, this criminal writ petition is not pressed on behalf of petitioner no.2. petitioners no.1 and 2 are the father and son respectively and they are facing life imprisonment in a criminal case. their appeal is pending admitted in this court. both moved applications for grant of parole which were declined by the competent authority vide orders dated 25.9.2012 and 27.9.2012. in the order under challenge, it is mentioned that if petitioner no.1- mohar singh is released on parole, he may commit serious crimes. we feel that above reason is no ground to reject prayer of petitioner no.1. as per provisions of section 3 of the punjab good conduct prisoners (temporary release) act, 1962 (in short 'the act).for crwp no.1204 of 2013 -2- agricultural purposes, a jail inmate is entitled to get benefit of temporary release/parole. sub clause (c) of sub-section (1) of section 3 of the act reads thus :- “3. temporary release of prisoners on certain grounds :- (1) (a).(b) xxx xxx xxx xxx (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or any other land cultivated by him and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence.” it is on record that petitioners no.1 and 2 are the only male members in the family. they own about more than 2 acres of land and no other male member of the family is available to do the agricultural work. in view of above, we allow this petition qua petitioner no.1- mohar singh only. he is ordered to be released temporarily for a period of 3 weeks. on completion of above period, petitioner no.1 is directed to surrender before the jail authorities concerned. order dasti. (jasbir singh) judge (g.s.sandhawalia) judge 4.7.2013 ashwani
Judgment:

CRWP No.1204 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP No.1204 of 2013 Date of decision :

4. 7.2013 Mohar Singh and another ........Petitioners versus State of Punjab and others ........Respondents CORAM: Hon'ble Mr.Justice Jasbir Singh Hon'ble Mr.Justice G.S.Sandhawalia Present:- Mr.J.P.Sharma, Advocate, for the petitioners Ms.Ritu Punj, Addl.

AG, Punjab --- Jasbir Singh, J.

(Oral) At the time of arguments, this criminal writ petition is not pressed on behalf of petitioner No.2.

Petitioners No.1 and 2 are the father and son respectively and they are facing life imprisonment in a criminal case.

Their appeal is pending admitted in this Court.

Both moved applications for grant of parole which were declined by the competent authority vide orders dated 25.9.2012 and 27.9.2012.

In the order under challenge, it is mentioned that if petitioner No.1- Mohar Singh is released on parole, he may commit serious crimes.

We feel that above reason is no ground to reject prayer of petitioner No.1.

As per provisions of Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (in short 'the Act).for CRWP No.1204 of 2013 -2- agricultural purposes, a jail inmate is entitled to get benefit of temporary release/parole.

Sub Clause (c) of sub-section (1) of Section 3 of the Act reads thus :- “3.

Temporary release of prisoners on certain grounds :- (1) (a).(b) xxx xxx xxx xxx (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or any other land cultivated by him and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence.”

It is on record that petitioners No.1 and 2 are the only male members in the family.

They own about more than 2 acres of land and no other male member of the family is available to do the agricultural work.

In view of above, we allow this petition qua petitioner No.1- Mohar Singh only.

He is ordered to be released temporarily for a period of 3 weeks.

On completion of above period, petitioner No.1 is directed to surrender before the jail authorities concerned.

Order dasti.

(Jasbir Singh) Judge (G.S.Sandhawalia) Judge 4.7.2013 Ashwani