Gurpreet Singh Alias Baba vs State Of Punjab And Others
2023 Latest Caselaw 12539 P&H

                                                   Neutral Citation No:=2023:PHHC:103298-DB




CRWP-10963-2022                                                                1
                                                    2023:PHHC:103298-DB




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

206                                        CRWP-10963-2022
                                           Date of decision:- 09.08.2023

Gurpreet Singh @ Baba
                                                                  .... Petitioner



                                         Vs.
State of Punjab and others
                                                                  ...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI
       HON'BLE MRS. JUSTICE MANISHA BATRA


Present:     Mr. Ripudaman Singh Sidhu,, Advocate for the petitioner.

             Mr. Alankar Narula, AAG, Punjab.

                          ***

Manisha Batra, J. (Oral)

The present petition has been filed by the petitioner-Gurpreet

Singh @ Baba under Articles 226 of the Constitution of India for setting

aside order dated 12.08.2022, passed by the District Magistrate,

Malerkotla, (Annexure P-2) whereby the request of the petitioner for

grant of parole had been rejected.

The present petition has been filed by the petitioner on the

ground that he was held guilty and convicted by the Court of learned

Additional Sessions Judge, Ludhiana vide judgment dated 13.07.2021 in

case bearing FIR No.92, dated 26.07.2016 registered under Sections

302/34/120-B of IPC, Section 25 of Arms Act and Sections 10, 11, 13, 17,

20 of Unlawful Activity (Prevention) Act, 1967, registered at Police Station

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Dehlon. He had been sentenced as under:-

Under Section       Sentence             Fine                  In default of
                                                               payment of fine
302 of IPC          Life                 Rs.1 Lac              RI for 02 years
                    imprisonment
120-B of IPC        RI for 05 years      Rs.10,000/-           RI for 6 months
307/120-B       of RI for 08 years       Rs.25,000/-           RI for 01 year
IPC
25 of Arms Act      RI for 03 years      Rs.5,000/-            RI for 02 months

Appeal bearing No.CRA-D-446-2021 has been filed by him against the

said judgment, which is pending before this Court.

The petitioner approached respondent No.2 to release him on

parole for 8 weeks to meet his family members. Respondent No.2 after

receiving the report from concerned police Station, did not recommend the

parole case of the petitioner and rejected the same vide the impugned

order dated 12.08.2022. Feeling aggrieved, he has filed the present

petition.

Learned counsel for the petitioner aruged that respondent

No.2 had rejected his prayer for grant of parole without any justifiable

ground and therefore, it is urged that the impugned order is liable to be set

aside.

On the other hand, learned State counsel has opposed the

prayer made by petitioner by way of reply filed in the Court, along with

custody certificate, which are taken on record. The parole case of the

petitioner was duly initiated and was rejected by respondent No.2. There

were chances of petitioner's disturbing the State security and maintenance

of public order if extended benefit of parole. Hence, it was urged that the

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petition did not deserve to be allowed.

We have heard learned counsel for the parties.

As per the reply submitted by the State, the petitioner has

concealed the true facts in the present petition. The only reason given by

respondent No.2 for rejecting the prayer made by the petitioner is that his

release might disturb the law and order and may lead to danger to the

State security. This apprehension, however, is not substantiated by any

material and hence cannot be made a ground to reject the prayer made by

the petitioner. It is relevant to mention that Section 3(1)(aa) of the

Punjab Good Conduct Imprisoners' (Temporary Release) Act, 1962,

permits temporary release of prisoner on parole on the grounds as

mentioned therein.

Taking all these circumstances into consideration, the

petition is hereby allowed. Impugned order dated 12.08.2022 is set aside.

The petitioner is ordered to be released on parole for a period of four

weeks subject to his furnishing personal/surety bonds to the satisfaction

of the concerned District Magistrate.

Concerned District Magistrate, may impose such conditions

as may be necessary to secure the presence of the petitioner in jail after

the parole is over and to ensure that the temporary release is not misused.

                                     (RITU BAHRI)          ( MANISHA BATRA )
                                        JUDGE                  JUDGE

09.08.2023
pooja saini
         Whether speaking/reasoned              : Yes/No
         Whether reportable                     : Yes/No

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