Punjab-Haryana High Court
Amandeep Singh Alias Ramna vs State Of Punjab And Others on 20 November, 2024
Neutral Citation No:=2024:PHHC:152222
CRWP-11158
11158-2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
107
CRWP-11158-20242024 (O&M)
Date of decision : 20.11.2024
Amandeep Singh @ Ramna ...Petitioner
Versus
State of Punjab and others ...Respondent
..Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Ranwant Singh Sangha, Advocate
for the petitioner.
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
MANISHA BATRA, J. (Oral)
1. By way of filing the present petition under Articles 226/227 of
the Constitution of India read with Punjab Good Conduc
Conductt Prisoners
(Temporary Release) Act, 1962 and Punjab Good Conduct Prisoners
(Temporary Release) Rules, 1963, the petitioner is seeking issuance of a writ
in the nature of Mandamus directing the respondents to release him on parole
paro
for a period of six weeks on the ground that his son has died on 10.11.2024
and his presence is required at his home.
2. Brief facts of the case are that the petitioner was booked in FIR
No. 114 dated 16.12.2016, registered under Sections 364, 307, 34
342,
2, 34 of IPC
at Police Station Mehna, District Moga and was convicted for commission of
offence punishable under Sections 364, 307 read with Section 34 of IPC and
was sentenced for a period of 05 years, vide judgment of conviction dated
20.10.2023 and order
order on quantum of sentence dated 23.10.2023, passed by the
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Court of learned Additional Sessions Judge, Moga. He has filed an appeal,
appeal
bearing CRA-S-3656-2023,
CRA against the aforesaid judgment of conviction and
order on quantum of sentence before this Court, whi
which is pending.
3. Vide order dated 18.11.2024, learned State counsel had sought
time to verify the factum of death of son of the petitioner. Today, she has
informed this Court that the son of the petitioner has died on 10.11.2024.
5. I have heard learned
ed counsel for the parties at considerable length
and have also gone through the record carefully.
6. Section 3 of the Act, 1962 provides for temporary release of any
prisoner on being satisfied of the circumstances as mentioned therein and for
the period as mentioned in Section 3 sub--section
section (2) of the Act, 1962. In the
instant case, the petitioner has made prayer for his temporary release on parole
for a period of 06 weeks due to the aforesaid reason. The factum of death of
his son stands verified by the respondent-State.
State. The father of the petitioner is
also stated to be in custody in connection with some criminal case. More so, it
is not the case of the respondents that the petitioner is not entitled to be
extended benefit of emergency parole on the grou
grounds,
nds, which have been taken
by him.. It is well settled that it is necessary for a convict to maintain his
contact with society so as to enable his reformation and transform him into a
responsible citizen on his release. In view of the aforementioned facts and
a
circumstances this Court
circumstances, ourt is of the considered view that the petitioner deserves
to be released on parole for a limited period.
7. Accordingly, the present petition is disposed of. The respondents
are directed to release the petitioner on tem
temporary parole w.e.f. 22.11.2024 to
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02.12.2024, subject to his furnishing sufficient bonds in terms of statutory
02.12.2024,
provisions to the satisfaction of the competent authority, who would also
impose requisite conditions to ensure that the temporary release is not
misused.. The petitioner shall also undertake to maintain peace and good
behavior during this period. He shall surrender back to jail authorities by
05:00 PM on 03.12.2024.
20.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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