Punjab-Haryana High Court
Amandeep Singh Alias Ramna vs State Of Punjab And Others on 20 November, 2024
Neutral Citation No:=2024:PHHC:152222
CRWP-11158
11158-2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
107
CRWP-11158-20242024 (O&M)
Date of decision : 20.11.2024
Amandeep Singh @ Ramna ...Petitioner
Versus
State of Punjab and others ...Respondent
..Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Ranwant Singh Sangha, Advocate
for the petitioner.
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
MANISHA BATRA, J. (Oral)
1. By way of filing the present petition under Articles 226/227 of the Constitution of India read with Punjab Good Conduc Conductt Prisoners (Temporary Release) Act, 1962 and Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963, the petitioner is seeking issuance of a writ in the nature of Mandamus directing the respondents to release him on parole paro for a period of six weeks on the ground that his son has died on 10.11.2024 and his presence is required at his home.
2. Brief facts of the case are that the petitioner was booked in FIR No. 114 dated 16.12.2016, registered under Sections 364, 307, 34 342, 2, 34 of IPC at Police Station Mehna, District Moga and was convicted for commission of offence punishable under Sections 364, 307 read with Section 34 of IPC and was sentenced for a period of 05 years, vide judgment of conviction dated 20.10.2023 and order order on quantum of sentence dated 23.10.2023, passed by the 1 of 3 ::: Downloaded on - 21-11-2024 21:08:42 ::: Neutral Citation No:=2024:PHHC:152222 CRWP-11158 11158-2024 (O&M) -2- Court of learned Additional Sessions Judge, Moga. He has filed an appeal, appeal bearing CRA-S-3656-2023, CRA against the aforesaid judgment of conviction and order on quantum of sentence before this Court, whi which is pending.
3. Vide order dated 18.11.2024, learned State counsel had sought time to verify the factum of death of son of the petitioner. Today, she has informed this Court that the son of the petitioner has died on 10.11.2024.
5. I have heard learned ed counsel for the parties at considerable length and have also gone through the record carefully.
6. Section 3 of the Act, 1962 provides for temporary release of any prisoner on being satisfied of the circumstances as mentioned therein and for the period as mentioned in Section 3 sub--section section (2) of the Act, 1962. In the instant case, the petitioner has made prayer for his temporary release on parole for a period of 06 weeks due to the aforesaid reason. The factum of death of his son stands verified by the respondent-State.
State. The father of the petitioner is also stated to be in custody in connection with some criminal case. More so, it is not the case of the respondents that the petitioner is not entitled to be extended benefit of emergency parole on the grou grounds, nds, which have been taken by him.. It is well settled that it is necessary for a convict to maintain his contact with society so as to enable his reformation and transform him into a responsible citizen on his release. In view of the aforementioned facts and a circumstances this Court circumstances, ourt is of the considered view that the petitioner deserves to be released on parole for a limited period.
7. Accordingly, the present petition is disposed of. The respondents are directed to release the petitioner on tem temporary parole w.e.f. 22.11.2024 to 2 of 3 ::: Downloaded on - 21-11-2024 21:08:42 ::: Neutral Citation No:=2024:PHHC:152222 CRWP-11158 11158-2024 (O&M) -3- 02.12.2024, subject to his furnishing sufficient bonds in terms of statutory 02.12.2024, provisions to the satisfaction of the competent authority, who would also impose requisite conditions to ensure that the temporary release is not misused.. The petitioner shall also undertake to maintain peace and good behavior during this period. He shall surrender back to jail authorities by 05:00 PM on 03.12.2024.
20.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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