Jagroop Singh vs State Of Punjab
2023 Latest Caselaw 1335 P&H

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                       CRWP-8851-2022
                                       Date of Decision: 20.01.2023

Jagroop Singh @Jagga
                                                            ......Petitioner

                                Vs.
State of Punjab


                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA
       HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:    Ms.Satwant Mehta, Advocate, for the petitioner.

            Mr.Navneet Singh, Sr.D.A.G., Punjab.

                  *****

G.S. SANDHAWALIA,J. (ORAL)

The present petition has been filed for temporary release for

grant of parole. The same has been rejected by the Deputy Commisioner

Tarn Taran vide order dated 11.07.2022 (Annexure P-3), on an

apprehension that he can abscond while on parole and therefore it is not

recommended to release him. The same is based on the report received on

the basis of the Senior Superintendent Officer, Tarn Taran. On 20.12.2022,

the following order was passed:

"Counsel for the petitioner prays for time to place on record

the order granting parole to the twin brother, Jagjit Singh, who

was also convicted along with the present petitioner.

State counsel shall also file custody certificate of the

said person who has been convicted vide judgment dated

11.01.2022 (annexure P-1)"

In pursuance of the same, the State has filed the custody

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certificate of the Jagjit Singh, the brother of the petitioner showing that he

was granted parole from 20.07.2022 to 15.09.2022 for a period of one

month and 26 days and thus, surrendered on time. Custody certificate of the

petitioner would depict that he has been in custody for 3 years 9 months

and 17 days and no parole has been granted after his conviction, which was

recorded on 11.01.2022.

We do not see any reason why there can be a different view qua

the siblings by the competent authorities when his brother is already

granted the said benefit for release. The claim, as such, is for treatment of

the mother also and for the repair of house.

In such circumstances, the order dated 11.07.2022 (annexure

P-3) is not sustainable and is quashed. Directions are issued to release him

on parole for a period of 6 weeks on furnishing the requisite bail bonds to

the satisfaction of the competent authority and he shall surrender back in

time in jail premises on the expiry of the said period after his release.

(G.S. SANDHAWALIA)                       (HARPREET KAUR JEEWAN)
        JUDGE                                      JUDGE

January 20, 2022
kanika
                   Whether Speaking                  Yes
                   Whether Reportable                No




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