Parole--Hardcore Criminal--Merely because in petitioner is undergoing life imprisonment in a case like murder he cannot termed as hardcore criminal.
Parole--Hardcore Criminal--Mere apprehension of breach of peace not a good ground to decline parole.

S.S. Saron, J.

1. Learned counsel for the State has filed reply by way of affidavit of Mr. Daljit Singh Bhatti, PPS, Superintendent, Central Jail, Jalandhar at Kapurthala on behalf of respondents No.1 and 2. The same is taken on record.

2. Heard learned counsel for the parties.

3. The petitioner - Ram Chander by way of the present petition under Article 226 of the Constitution of India seeks quashing of the order dated 01.02.2016 (Annexure P1) passed by the District Magistrate, Unnao (respondent No. 3) whereby his case for temporary release on parole has not been recommended. The petitioner prays for six weeks' parole to meet his family members.

4. The petitioner was arrested in case FIR No. 156 dated 17.05.2009 registered at Police Station Maqsudan, District Jalandhar, for the offence punishable under Section 302 Indian Penal Code ('IPC' - for short). He was convicted in the said case and sentenced to undergo life imprisonment. Criminal appeal, i.e. CRA-D No. 954-DB of 2010, filed by him is pending in this Court. The case of the petitioner for his temporary release on parole was initiated by the Superintendent, Central Jail, Jalandhar at Kapurthala (respondent No. 2) in terms of the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 ('Act' - for short). The petitioner, it is stated, maintained good conduct in jail. Therefore, he was liable to be allowed parole.

5. The case of the petitioner was sent for police report to the District Magistrate, Unnao (respondent No.3). The District Magistrate, Unnao (respondent No.3) sent a report duly verified through the Senior Superintendent of Police/In-charge Station House Officer of the area in which he was to spend the parole period. The parole of the petitioner has not been recommended by the District Magistrate, Unnao (respondent No.3) as there was likelihood that he may commit a crime if allowed parole. Therefore, the petitioner assails the said order not recommending his parole.

6. In terms of the reply that has been filed, it is stated that the case of the petitioner for temporary release on parole for a period of four weeks was considered. A police report and the report of the District Magistrate concerned are compulsory for grant of parole. The District Magistrate, Unnao (respondent No. 3), it is stated, did not recommend the temporary release of the petitioner on parole on the ground that he was undergoing life imprisonment in a case like murder, so there was a probability that he may commit a crime on his release on parole.

7. Learned counsel for the petitioner submits that temporary release on parole to the petitioner could only be declined in case the circumstances provided for by the provisions of Section 6 (2) of the Act were there i.e. his release is likely to endanger the security of the State or the maintenance of public order and not on any other ground.

8. In response, learned counsel for the State submits that getting a report from the District Magistrate where the prisoner is to spend the period of his temporary release is necessary and the District Magistrate, Unnao (respondent No. 3) having not recommended the parole of the petitioner, the same has rightly been declined.

9. We have given our thoughtful consideration to the matter.

10. As already noticed, the petitioner is undergoing life imprisonment in case FIR No. 156 dated 17.05.2009 registered at Police Station Maqsudan, District Jalandhar, for the offence punishable under Section 302 IPC. He has been convicted in the said case and sentenced to undergo life imprisonment. Criminal appeal, i.e. CRA-D No. 954-DB of 2010, filed by the petitioner is pending in this Court.

11. The provisions of the Act provide for the temporary release of prisoners for good conduct on certain conditions as enacted by the legislature of the State of Punjab. Temporary release on parole is granted on certain conditions as envisaged by the provisions of Section 3 of the Act; besides, temporary release on furlou