Punjab-Haryana High Court
Gurnam Singh @ Gama vs State Of Punjab And Others on 18 November, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-8154-2022
Date of Decision: 18.11.2022
Gurnam Singh @ Gama .....Petitioner(s)
Versus
State of Punjab and others ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. P.S. Punia, Advocate,
for the petitioner.
Mr. Arjun Sheoran, DAG, Punjab.
G.S.SANDHAWALIA, J. (Oral)
The present petition has been filed for grant of 8 weeks' parole to
the petitioner under Section 3(2)(d) of Punjab Good Conduct Prisoners
(Temporary Release) Act, 1962 for getting his house repaired which is stated
to be in deteriorating condition and to meet his family members.
The conviction is of the year 2018 under Section 22 of the NDPS
Act, 1985. It is specifically averred that the mother of the petitioner had died
on 17.02.2022 but he was released for few hours to attend cremation and was
not able to attend the Bhog ceremony. On account of the adverse report dated
04.01.2022 that the convict is habitual of smuggling intoxicants and his
brother is also undergoing sentence in jail in Govindwal Sahib under the
NDPS Act, since his family has not taken the responsibility regarding his act
and conduct and there are chances that he may abscond and there would be
danger to the security of the public, rejection order has been passed by the
Deputy Commissioner, Tarn Taran on 16.06.2022 (Annexure R-1).
Examining the said adverse reports, we are of the considered
opinion that the same are in contradiction to the custody certificate as such,
which would go on to show that his under trial period was from 05.07.2014 to
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09.01.2015 and 14.05.2018 to 21.05.2018 and the conviction period is from
22.05.2018 to 14.09.2022. There is no other case of similar nature against the
petitioner and he has undergone 4 months, 10 months and 4 days of custody.
No parole has been availed by him during conviction period and thus, we are
of the considered opinion that the purpose of the provisions have been lost
sight of by the concerned authorities in spite of the fact that there are repeated
judgments of this Court that it is a beneficial piece of Legislation enabling the
sentenced person to meet his family and interact with the public for the
purpose of reformation.
As per the reply also, the house of the petitioner is stated to be
situated in village Brahampura, Tehsil Khadur Sahib, District Tarn Taran and
the condition of the house is not good and in rainy season, the roof of the
house starts leaking out and the possibility of roof falling down had also been
mentioned, which further goes on to substantiate the requirement to grant the
said relief.
Resultantly, we are of the considered opinion that the order
passed by the Deputy Commissioner, Tarn Taran on 16.06.2022 (Annexure
R-1) cannot be sustained and the same is quashed. The petitioner be released
on parole for a period of 6 weeks subject to furnishing of bail bonds to the
satisfaction of the competent authority.
The petition stands allowed in the above terms.
(G.S. SANDHAWALIA)
JUDGE
18.11.2022 (MANISHA BATRA)
shivani JUDGE
Whether reasoned/speaking Yes/No
Whether reportable Yes/No
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