Punjab-Haryana High Court
Balwinder Singh vs State Of Punjab And Others on 4 March, 2024
Neutral Citation No:=2024:PHHC:030678
2024:PHHC:030678
222 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-11479-2023
Date of decision: 04.03.2024
BALWINDER SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Bhagat Singh Ghuman, Advocate
for the petitioner.
Mr. Rishabh Singla, AAG, Punjab.
****
HARPREET SINGH BRAR J. (ORAL)
Prayer in the present petition filed under Article 226/227 of
Constitution of India is for issuance of a writ in the nature of certiorari for
setting aside the impugned order dated 27.07.2023 (Annexure P-5) passed by
respondent No.2/Ld. Deputy Commissioner-cum-District Magistrate, whereby,
the case of the petitioner for grant of parole for a period of 08 weeks has been
rejected.
2. The petitioner was convicted by learned Special Judge, Moga,
vide judgment of conviction dated 21.04.2022 and he was awarded rigorous
imprisonment for 10 years with fine of Rs.1,00,000/- in case FIR No.34 dated
20.03.1999 registered under Section 15 of NDPS Act, at Police Station Mehna,
District Moga along with default mechanism.
3. Learned counsel for the petitioner inter alia contends that
petitioner is 58 years of age and is suffering from heart disease and is
undergoing treatment from Guru Gobind Singh Medical College Hospital,
Faridkot. Earlier also, the stent has been placed for opening the blockage in the
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blood vessels and the petitioner still feels discomfort and breathlessness and he
had applied for his temporary release on medical parole for getting his
treatment done, but the application for temporary release was rejected by the
concerned Magistrate.
4. Per contra, learned State counsel opposes the prayer of the
petitioner on the ground that in case, the petitioner is released, there would be
an apprehension of breach of security of State and maintenance of public order.
He further submits that the petitioner was earlier released on parole, however,
during the parole period, he had misused the concession and was arrested in
one more case under the NDPS Act.
5. Learned counsel for the petitioner further relies upon Rule 4 of
Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963 and submits
that if a convict commits any offence during his parole, he is liable for
cancellation of release warrants. The case, in which, the petitioner was found
involved, subsequently, the petitioner has already undergone the sentence.
6. Having heard the learned counsel for the parties and after the
perusal of the record, this Court finds that the opinion formed by the concerned
Magistrate is not based upon the objective assessment made by the police
authorities. The case of the petitioner is covered by the judgment of the
Division Bench of this Court passed in Sonu @ Arun vs. State of Haryana and
others bearing No.CRWP-1177 of 2015, where, in similar circumstances, this
Court allowed the prayer of the petitioners for parole.
7. Keeping in view the provisions contained in the Article 21 of the
Constitution of India, the petitioner cannot be deprived of his right to seek
treatment. Accordingly, the present petition is allowed and the impugned order
dated 27.07.2023 (Annexure P-5) is hereby set aside.
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8. The petitioner is directed to be released on parole for a period of
08 weeks, from the date of his release, on furnishing requisite surety bonds to
the satisfaction of District Magistrate/concerned Jurisdictional Magistrate or
any other condition imposed by the Magistrate concerned. After completion of
parole period, the petitioner shall surrender on the last date at 5:00 PM at the
jail gate.
(HARPREET SINGH BRAR)
March 04, 2024 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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