Punjab-Haryana High Court
Karamjit Singh vs State Of Punjab And Others on 30 January, 2023
CRWP-8505-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
205 CRWP-8505-2022
Date of decision:- 30.01.2023
Kamaljit Singh
.... Petitioner
Vs.
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Ms. Bhupinder Pal Kaur Brar, Advocate for the petitioner.
Mr. Alankar Narula, AAG, Punjab.
***
Manisha Batra, J. (Oral)
The present petition has been filed by the petitioner-Karamjit
Singh under Article 226 of the Constitution of India for setting aside
order dated 21.11.2021, passed by the District Magistrate, Barnala,
(Annexure P-1) 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, Ambala vide judgment dated 28.08.2014, in
case bearing FIR No.130, dated 09.10.2012 registered under Sections
302/34 of IPC registered at Police Station Saha, District Ambala. He had
been sentenced to undergo life imprisonment. Appeal bearing No.CRA-
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D-1562-DB-2014 has been filed by him against the said judgment, which
is pending before this Court.
The petitioner approached respondent No.3 to release him on
parole for eight weeks to meet his family members. Respondent No.3
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 21.11.2021. Feeling aggrieved, he has filed the
present petition.
Learned counsel for the petitioner contended that the
petitioner has not met his family members for the long time. Hence, the
petitioner be released on parole for a period of eight weeks.
On the other hand, learned State counsel has opposed the
prayer made by petitioner by way of reply filed in the Court, which is
taken on record. The parole case of the petitioner was duly initiated and
was rejected by the District Magistrate, Barnala. 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 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.3 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
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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 21.11.2021 is set aside.
The petitioner is ordered to be released on parole for a period of eight
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
30.01.2023
pooja saini
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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