Punjab-Haryana High Court
Jagroop Singh vs State Of Punjab And Others on 1 September, 2023
CRWP-1773-2023 (O&M) 2023:PHHC:115100-DB 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(204) CRWP-1773-2023 (O&M)
Date of Decision: 01.09.2023
Jagroop Singh ... Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE RITU TAGORE
Present: Mr. Ankur Jain, Advocate
for the petitioner.
Mr. Sandeep Vermani, Addl. AG, Punjab.
Mr. Sukhtej Singh Sandhu, Advocate
for the complainant.
ok 36 ok
LISA GILL, J (QRAL)
1. Prayer in this writ petition is for setting aside order dated
16.01.2023 and release of petitioner on parole for agricultural purpose for six
weeks under the Punjab Good Conduct Prisoners (Temporary Release) Act,
1962 (amended Act, 2020).
2. It is submitted by learned counsel for the petitioner that
petitioner's application for parole has been incorrectly dismissed vide order
dated 16.01.2022 (Annexure P-1), merely on the ground that brother of the
petitioner is alleged to have relations with some gangster residing abroad and
that petitioner's brother jumped parole afforded to him.
3. In the reply dated 25.04.2023 filed on behalf of respondents No.1
to 3, it is stated that after the petitioner was released on bail, he got involved
in criminal activities and FIR No.192, dated 19.08.2020 under Section 21 of
MANPREET SINGH
2023.09.06 17:54
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-1773-2023 (O&M) 2023:PHHC:115100-DB 2
the NDPS Act, P.S. Sadar Patti, Tarn Taran and FIR No.21, dated 26.04.2022
under Sections 457 and 380 IPC and Section 25 of Arms Act, P.S. Khem
Karan, Tarn Taran was registered against him.
4. It was refuted by learned counsel for the petitioner that petitioner
was involved in FIR No.21, dated 26.04.2022 under Sections 457 and 380 IPC
and Section 25 of Arms Act, P.S. Khem Karan, Tarn Taran which was lodged
against unknown persons and that complainant was stated to have submitted
his affidavit in this respect. Vide order dated 02.06.2023 passed in this
petition, it was directed that specific affidavit of the concerned officer be filed
in respect to involvement of petitioner in FIR No.21, dated 26.04.2022.
5. Affidavit dated 17.07.2023 of Mr. Preetinder Singh, PPS, Deputy
Superintendent of Police, Sub-Division Valtoha, Camp at Bhikhiwnd, District
Tarn Taran has been filed wherein it is stated that after due investigation,
petitioner is not found to be involved in FIR No.21, dated 26.04.2022. It is
also to be noted that petitioner on earlier occasion had been granted parole
vide order dated 08.04.2022 passed in CRWP-1601-2022 and he admittedly
surrendered at the stipulated time and there is no allegation qua the petitioner
himself being involved with gangsters as such and neither was any such
averment made before us. Therefore, to have denied parole on the grounds as
mentioned in order dated 16.01.2023 is unjustified in the absence of any other
material. However, it is to be noted that grant of parole for agricultural
purpose, is not made out at this stage keeping in view the season as on date.
6. This criminal writ petition is however disposed of with the
observation that as and when petitioner files a fresh application for parole, the
same be decided in accordance with law with due consideration to the fact that
he had duly surrendered at the stipulated time on earlier occasion and conduct
of petitioner's brother in absence of any material on record in respect to
MANPREET SINGH
2023.09.06 17:54
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-1773-2023 (O&M) 2023:PHHC:115100-DB 3
involvement of petitioner cannot be taken to be a circumstance against the
petitioner for grant of parole. Such application, if filed be decided
expeditiously and preferably within two weeks thereof, in accordance with
law and the observations as above.
(LISA GILL)
JUDGE
(RITU TAGORE)
JUDGE
September 01, 2023
Manpreet
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
MANPREET SINGH
2023.09.06 17:54
I attest to the accuracy and
authenticity of this
order/judgment
