Bahadur Singh vs State Of Punjab And Others
2023 Latest Caselaw 15032 P&H

                                                   Neutral Citation No:=2023:PHHC:116066-DB




CRWP-1132-2023                                                         1

                                                    2023:PHHC:116066 -DB




    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

101+213                                          CRWP-1132-2023 (O&M)
                                               Date of decision:- 04.09.2023

Bahadur Singh
                                                                  .... Petitioner



                                         Vs.
State of Punjab and others
                                                                  ...Respondents

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


Present:    Mr. K.S. Brar, Advocate for the petitioner.

            Mr. Alankar Narula, AAG, Punjab.

            Mr. G.S. Sidhu, Advocate for the complainant.

                          ***

Manisha Batra, J.

CRM-W-1261-2023

Application is allowed as prayed for.

Annexure P-3 is taken on record.

CRWP-1132-2023

The present petition has been filed by the petitioner-Bahadur

Singh under Articles 226 of the Constitution of India for setting aside

order dated 02.08.2022, passed by the Deputy Commissioner, Barnala,

(Annexure P-1) whereby the request of the petitioner for grant of parole

had been rejected.

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The present petition has been filed by the petitioner on the

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

Sessions Judge, Barnala vide judgment dated 18.10.2021 in case bearing

FIR No.99, dated 15.10.2018 registered under Sections 302, 307, 323,

201, 148, 149 of IPC and 27 of Arms Act, registered at Police Station

Bhadaur. He had been sentenced as under:-

Under Section       Sentence             Fine                In default of
                                                             payment of fine
302 of IPC          Life                 Rs.2 Lacs                     --
                    imprisonment
307 of IPC          RI for 07 years      Rs.1,00,000/-       RI for 2 years
27 of Arms Act      RI for 03 years      Rs.20,000/-         RI for 6 months

The petitioner approached respondent No.3 to release him on

parole for 8 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 02.08.2022. Feeling aggrieved, he has filed the present

petition.

Learned counsel for the petitioner aruged that respondent

No.3 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.3. There

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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

the petitioner. In pursuance of order dated 19.05.2023, the son and

daughter of the petitioner have furnished a joint affidavit annexed with

CRM-W-1261-2023 affirming therein that they take responsibility that

the peace and harmony in the village will not be disturbed on account of

release of the petitioner on parole and that they will abide by the

conditions imposed by the State. 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 02.08.2022 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.

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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

04.09.2023
pooja saini
         Whether speaking/reasoned              : Yes/No
         Whether reportable                     : Yes/No

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