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Gurmeet Singh Vs Director General & Inspector General of Prisons, Haryana

Case No: Criminal Writ Petition No. 812 of 1987

Date of Decision: Nov. 19, 1987

Citation: (1988) 1 AICLR 325 : (1988) 1 RCR(Criminal) 405

Hon'ble Judges: Ujagar Singh, J

Advocate: S.K. Sharma, V.A. Talwar, Advocates for appearing Parties

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Judgement

Ujagar Singh, J.

1. The petitioner filed an application for release on furlough to the concerned authorities on the ground that his house required some repairs. At this

stage an inquiry is said to have been made and the report is that his house does not require any repairs. The present petition has added another

ground for his intended release and that is to carry out agricultural pursuits. His petition is supported by a panchnama said to have been executed

by Sh. Harnek Singh, Sarpanch, and three other panches on 26th January, 1987.

2. The reasons for rejection are not very clear. No detail of the house is given. It is simply reported that the house does not required any repairs. In

any case, in such matters the authorities cannot be so strict to refuse the convict to have some sort of release from jail so that they can mix up with

their own people for some time and then go back to jail. The convicts should not be given an impression that they are the outlaw of the society and

they will not be welcomed in their own village. So far as the apprehension of breach of peace is concerned, that can be ensured by directing the

petitioner to give a bond and surety to keep peace and be of good behaviour during the period of release.

3. With these observations, I allow this petition and it is directed that the petitioner be released on furlough for 21 days beginning from the day

following the date of release. The petitioner is to furnish personal bond and surety to the satisfaction of District Magistrate, Kurukshetra. The

petitioner is further directed to give in addition another personal bond and surety with an undertaking to keep peace and be of good behaviour

during the period of release, failing which the amount of the bail bond and the surety bonds are liable to be forfeited.

This petition is disposed of accordingly.