Punjab-Haryana High Court
Resham Singh vs State Of Punjab And Others on 12 April, 2023
Neutral Citation No:=2023:PHHC:050638
2023:PHHC:050638
225
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP No.1983 of 2023
Date of decision: 12th April, 2023
Resham Singh
... Petitioner
Versus
State of Punjab & others
... Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Ms. Satinder Kaur, Advocate for the petitioner.
Mr. Amit Rana, Sr. Deputy Advocate General, Punjab
for the respondents/State.
MANJARI NEHRU KAUL, J.
The petitioner is seeking issuance of directions to
respondents No.3 and 5 to grant parole for 8 weeks to him so as to
nurse his ailing mother, who is stated to be suffering from cancer, and
also to spend some quality time with his family, as subsequent to his
conviction on 17.07.2018 in FIR No.44 dated 19.04.2013 under
Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 and sections 420, 467, 468, 471 IPC registered at Police
Station Kot Ise Khan, District Moga, he has never been released on
parole.
Learned counsel contends that the petitioner has undergone
more than 4 years of sentence after his conviction on 17.07.2018,
which excludes his custody prior to his conviction in the case in hand.
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It has been further submitted that ever since his conviction, the
petitioner has been maintaining good conduct inside the prison.
Learned counsel has still further submitted that no doubt, there were
eight other cases registered against him, however, it was a matter of
record that the petitioner had been acquitted in five of those cases and
had completed his sentence in two cases and stood convicted in only
one case, for which he was undergoing imprisonment.
Learned counsel submits that under Section 3(1)(a) of the
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, the
statue clearly defines that the State Government may, in consultation
with the District Magistrate and subject to such conditions and in such
a manner as may be prescribed, release temporarily for a period
specified in sub-section any prisoner if the State Government is
satisfied that a member of the prisoner's family had died or is seriously
ill.
Furthermore, it has been submitted that the petitioner has
not been involved in any other criminal case after the year 2015.
Learned counsel submits that there is no apprehension of the petitioner
indulging in any criminal activity, which fact is supported by a
resolution passed by the Gram Panchayat (Annexure P-3) dated
14.02.2023, wherein a no objection to the petitioner being released on
parole has also been given. In support of her submissions, learned
counsel has placed reliance upon the judgment of this Court rendered in
'Varun @ Gullu vs. State of Haryana & others' CRM-M No.34013
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of 2019 d/d 09.04.2010 and 'Mohammad Shehbaz vs. State of
Punjab & others' CRWP No.3196 of 2022 d/d 05.07.2022.
Per contra, learned State counsel while opposing the prayer
and submissions made by the counsel opposite, submits that given the
criminal antecedents, in case the petitioner is released on parole, there
could be a likelihood of he indulging in similar criminal activities and
committing breach of peace and that was one of the reasons why his
application for parole was rejected by the District Magistrate
concerned. Learned State counsel has however, not been able to
controvert that the mother of the petitioner is suffering from advance
stage of cancer and still further, the petitioner stands acquitted in five of
the criminal cases which were registered against him and has already
served out his sentence in the remaining two criminal cases, in which
he was convicted.
I have heard learned counsel for the parties and perused the
relevant material on record.
A Division Bench of this Court in 'Jugraj Singh @ Bhola
vs. State of Punjab, 2010(25) RCR (Crl.) 138, has held as under:
"It is also conceded position that the petitioner can
be temporarily released on parole for four weeks under
Clause (d) of sub-section (1) of Section 3 of the Punjab
Good Conduct Prisoners (Temporary Release) Act, 1962
(hereinafter referred to as 'the Act') to enable him to meet
his family members. In our opinion, the release of a convict
on parole is a wing of reformative process. Section 3 of the
Act has been enacted as a reformative measure with an
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object to enable the prisoner to have family association or
to perform certain family obligations and rituals. Until and
unless sufficient material is available with the authorities
giving solid reasons for declining the temporary release of
a convict on parole, this benefit should not be declined to
him. In the instant case, no such strong material or basis
has been relied upon by the respondents while rejecting the
prayer of the petitioner for releasing him on parole for four
weeks to meet his family members."
Hon'ble the Supreme Court in 'Babu Singh vs. State of
UP', 1978 (1) SCC 579 has also observed that "unremitting insulation
in the harsh and hardened company of prisoners leads to many
unmention-able vices that humanizing interludes of parole are part of
the compassionate constitutionalism of our system".
In the case in hand, the petitioner has been in custody for
almost 6 years and 5 months. It is a matter of record that the petitioner
has not been released on parole ever since his conviction. It has also not
been disputed by the learned State counsel that the petitioner has
maintained good conduct inside the prison. Further, the Panchayatnama
(Annexure P-3) dated 14.02.2023 also reveals that there is no
apprehension of any breach of peace or the petitioner being involved in
any illegal activities during the parole period.
In the circumstances, this Court does not deem it
appropriate to deprive the petitioner of the company of his family
members and to meet his ailing mother. It needs to be reiterated that a
prisoner does not stop being a human being merely because he has been
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convicted for an offence. The prisoner/convict cannot be deprived of
the company of his loved ones.
Accordingly, the present petition is allowed. The petitioner
is ordered to be released on parole for a period of 8 weeks from the date
of his release on his furnishing requisite personal and surety bonds to
the satisfaction of the District Magistrate concerned, and the District
Magistrate may impose such conditions as may be considered
necessary to secure the presence of the petitioner back in jail after the
parole period is over and also to ensure that the temporary release is not
misused, by securing a bond of mandatory good conduct with a clear
stipulation that in case the petitioner commits any offence during his
period of temporary release, his release warrants would be cancelled as
provided in Rule 4 of the Punjab Good Conduct Prisoners' (Temporary
Release) Rules, 1963.
(MANJARI NEHRU KAUL)
JUDGE
April 12, 2023
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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