Jasbir Singh vs State Of Punjab And Others
2024 Latest Caselaw 19849 P&H

Punjab-Haryana High Court

Jasbir Singh vs State Of Punjab And Others on 8 November, 2024

Author: Karamjit Singh

Bench: Karamjit Singh

                                  Neutral Citation No:=2024:PHHC:145864




CRWP-6930-2023                        [1]



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                   CRWP-6930-2023
                                                   Date of decision: 08.11.2024

Jasbir Singh                                                         ...Petitioner

                                          Versus

State of Punjab and others                                         ...Respondents

CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

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

               Mr. J.S. Dhaliwal, AAG, Punjab.

               ****

KARAMJIT SINGH, J. (ORAL)

1. Prayer in the petition under Article 226 of the Constitution of

India is for setting aside of order Annexure P-2 dated 16.05.2023 passed by

District Magistrate Pathankot i.e. respondent No.3 rejecting the request

made by the petitioner seeking parole for a period of eight weeks, on the

ground that if the petitioner is released on parole, there is danger to the State

security and there is also apprehension of breach of peace, in case the

petitioner is released on parole.

2. The present petition is resisted by the State counsel. Short reply

by way of an affidavit of Gurcharan Singh Dhaliwal, Superintendent Central

Jail, Shri Goindwal Sahib was filed along with custody certificate Annexure

R-1.

3. From the perusal custody certificate, it is evident that petitioner

was sentenced to life imprisonment by the Court of Additional Sessions

Judge, Gurdaspur vide judgment dated 04.12.2008. He has already

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Neutral Citation No:=2024:PHHC:145864

CRWP-6930-2023 [2]

undergone, actual sentence of 4 years 10 months, as on 30.10.2023 and total

undergone period including remissions is 7 years and 9 months.

4. Admittedly, in the case in hand, the claim of the petitioner had

been rejected on the ground that if released on parole, there is apprehension

of breach of peace and further his release will endanger the security of the

State. The impugned order does not refer to any material on the basis of

which said satisfaction has been recorded by respondent No.3. The

aforesaid observations made by the competent authority in impugned order

Annexure P-2 are unsustainable being based merely on conjectures and

surmises.

5. Accordingly, the present petition is allowed, impugned order

dated 16.05.2023 Annexure P-2 is set aside and the competent authority is

directed to pass afresh order in accordance with law, within a period of two

weeks with regard to the application already filed by the petitioner seeking

grant of parole for a period of eight weeks.

08.11.2024                                            (KARAMJIT SINGH)
Yogesh                                                    JUDGE

             Whether speaking/reasoned:-              Yes/No
             Whether reportable:-                     Yes/No




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