Punjab-Haryana High Court
Harpal Singh vs State Of Punjab And Others on 6 September, 2023
102
2023:PHHC:117420-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRWP-8730-2023
Date of Decision: September 06, 2023
Harpal Singh
......Petitioner
versus
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
HON'BLE MR.JUSTICE HARPREET SINGH BRAR.
***
Present: Mr. K.S. Brar, Advocate for the petitioner
Mr. Sanjeev Soni, Addl. A.G. Punjab
-.-
Raj Mohan Singh, J. (Oral)
Learned counsel for the petitioner submits that parole was
granted to the petitioner for harvesting and carrying out agricultural
pursuit. The period of parole shall expire on 08.09.2023.
On 05.09.2023, the following order was passed.
"Present : Mr. K.S. Brar, Advocate
for the petitioner
****
Notice of motion.
On the asking of the Court, Mr. Sanjeev Soni,
Addl. AG. Punjab accepts notice on behalf of the
respondents and seeks time to verify the flood situation
prevailing in the area of village Ashia Ke, District
Ferozepur.
Adjourned to 06.09.2023."
REENA
2023.09.06 17:09
I attest to the accuracy and
integrity of this order/ judgment
Chandigarh
2023:PHHC:117420-DB
In compliance of the aforesaid order, the police has
submitted has submitted a report to the following effect:-
"It is submitted that ASI Shamsher Singh has identified the
prisoner Harpal Siungh son of Mukhtiar Singh r/o Mashie
Ke, PS : Mallanwala in case FIR No. 43 dated 28.05.2015
u/s 302/323/34 IPC PS: Mallanwala, who is undergoing life
imprisonment in the said case. The said prisoner is on
parole from 13.07.2023 to 08.09.2023 and he filed appeal
before the Hon'ble High Court for extension of two months
in his parole.
In this regard, the spot was inspected by visiting the
village of Harpal Singh prisoner. Harpal Singh owned land
measuring 6 acre inside the dam and 6 acre land has been
taken by him on lease and he sown his crops over the
same and due to the water came from Satluj river, his
entire land came under the said water and the entire crops
has been damaged. The flood water has not entered in his
house, but the condition of the house is dilapidated. He
wants to repair the same. His daughter namely
Ramanpreet Kaur passed PET on 27.5.2023, who desirous
to go abroad for higher education and Harpal Singh wanted
to arrange funds for sending her daughter to abroad.
Report is presented."
Perusal of Section 3 sub Section 2(a) would show that total
period of temporary release of the petitioner excluding the release
REENA
2023.09.06 17:09
I attest to the accuracy and
integrity of this order/ judgment
Chandigarh
2023:PHHC:117420-DB
availed of can be granted on two eventualities i.e. on the death of a
family member of the prisoner or by a female prisoner on account of
delivery of child as the case may be and such extension can not
exceed 16 weeks during a calender year and shall be availed on
quarterly basis. Third proviso to the aforesaid Section provides for
issuance of a special notification in the context of temporary release
beyond a period of maximum 16 weeks in case of disaster under the
Disaster Management Act, 2005 or epidemics under the Epidemic
Disease Act, 1897.
In view of the aforesaid factual position, we deem it
appropriate to allow the petitioner to move a representation before the
competent authority in the context of extension of temporary release
on the issue of disaster created by flood like situation in the area
where the crops sown by the petitioner have been damaged and his
house has also become dilapidated. Let a representation be filed
within a week. On receipt of such a representation, the competent
authority shall proceed to decide the same in accordance with law
within a further period of one week.
The petition stands disposed of.
(RAJ MOHAN SINGH)
JUDGE
(HARPREET SINGH BRAR)
JUDGE
September 06, 2023
REENA reena
2023.09.06 17:09
I attest to the accuracy and
integrity of this order/ judgment
Chandigarh
