Kashmir Singh Alias Sheera vs State Of Punjab And Others
2024 Latest Caselaw 8946 P&H

Punjab-Haryana High Court

Kashmir Singh Alias Sheera vs State Of Punjab And Others on 26 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                 2024:PHHC:057319

                                In the High Court for the States of Punjab and Haryana
                                                 At Chandigarh

                                                                      CRWP-6505-2023 (O&M)
                                                                      Date of Decision:-26.4.2024


                Kashmir Singh @ Sheera                                              ... Petitioner

                                                      Versus

                State of Punjab and others                                       ... Respondents


                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


                Present:-          Mr. Rajpreet Singh Brar, Advocate for the petitioner.

                                   Mr. Vishavjit Singh Virk, DAG, Punjab,
                                   assisted by ASI Harjit Singh.

                                                      *****

                GURVINDER SINGH GILL, J.(Oral)

1. The petitioner assails order dated 22.5.2023 (Annexure P-1) passed by

respondent No.3 - District Magistrate, Gurdaspur vide which an application

filed by the petitioner for grant of parole so as to meet members of his

family, has been declined mainly on account of previous conduct of the

petitioner inasmuch as on an previous occasion he had absconded while

availing parole.

2. Learned counsel for the petitioner submitted that it was more than 10 years

back in the year 2011 that the petitioner had jumped parole and that, as such,

on account of efflux of time, the same cannot be taken into account for

declining parole at this stage.

CRWP-6505-2023 (O&M) (2) 2024:PHHC:057319

3. On the other hand, learned State counsel submitted that apart from the

aforesaid conduct when the petitioner jumped parole and remained

absconding for almost 3 years, the antecedents of the petitioner are also not

above board inasmuch he has been involved in 10 more cases and although

he stands acquitted in 7 of such cases, but stands convicted in 3 of these

cases, which include offences under Narcotic Drugs and Psychotropic

Substances Act and Arms Act.

4. This Court has considered rival submissions addressed before this Court.

5. The petitioner as on date has barely undergone a sentence of about 2 years

out of the imposed sentence of 10 years. Still further, the petitioner seeks

parole by vaguely mentioning that parole is sought to settle household affairs

without delineating the specific reasons. This Court in judgment dated

27.2.2023 rendered in CRWP-7882-2022 titled Deepak Kumar Versus State

of Punjab and others, held that provisions of Section 3(1)(d) of Punjab Good

Conduct Prisoners (Temporary Release) Act, 1962 cannot be invoked for

casual meeting with family members.

6. In view of the aforestated position, this Court does not find any ground to

interfere with the impugned order. The instant petition, as such, is dismissed.

However, it is clarified that the aforesaid order is not to be treated as a bar for

considering the case of pertitioner again as and when any appropriate

application is moved.

                26.4.2024                                                     ( Gurvinder Singh Gill )
                Pankaj                                                               Judge
                                Whether speaking /reasoned         Yes / No

                                Whether Reportable                 Yes / No