[Cites 15, Cited by 0]
Punjab-Haryana High Court
Lalit Kumar Alias Babbal vs State Of Punjab And Others on 4 December, 2025
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRWP-688-2025 (O&M)
Date of Decision:-4.12.2025
Lalit Kumar @ Babbal ... Petitioner
Versus
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
HON'BLE MRS. JUSTICE RAMESH KUMARI
Present:- Mr. Prateek Pandit, Advocate for the petitioner.
Mr. Adeshwar Singh Pannu, AAG, Punjab.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner assails order dated 13.12.2024 (Annexure P-4) passed by
respondent No.2 - Deputy Commissioner-cum-District Magistrate, District
Tarn Taran vide which his prayer for grant of parole has been declined while
observing that the applicant is a 'hardcore criminal' and his release would
endanger peace and security.
2. Learned counsel for the petitioner submitted that the authorities concerned
fell in error in observing that the petitioner is a hardcore prisoner, whereas his
case does not fall within the ambit of "hardcore prisoner" as defined in
Section 2 (aa) of The Punjab Good Conduct Prisoners (Temporary Release)
Act, 1962 (hereinafter refereed to as "the Act").
3. We have heard learned counsel for the petitioner as well as learned State
counsel and have also gone through the impugned order.
PANKAJ KAKKAR
2025.12.05 11:11
I attest to the accuracy and authenticity of
this order/judgment
Punjab & Haryana High Court at
Chandigarh
CRWP-688-2025 (O&M) (2)
4. The petitioner stands convicted vide order dated 29.9.2022 pursuant to
judgment dated 28.9.2022 passed by learned Additional Sessions Judge,
Jalandhar for having committed offence punishable under Sections 364-A,
342, 148, 307, 325, 482 of Indian Penal Code and Section 27 of Arms Act. He
has been sentenced as under:
Offence Under Imprisonment Fine In default of
Section(s) payment of fine
364-A IPC R.I. for life Rs.1 lakh R.I. for 2 years
342 IPC R.I. for 1 year Rs.1,000/- R.I. for 1 month
148 IPC R.I. for 2 years Rs.2,000/- R.I. for 2 months
307 IPC R.I. for 5 years Rs.5,000/- R.I. for 3 months
325 IPC R.I. for 2 years Rs.5,000/- R.I. for 3 months
482 IPC R.I. for 1 year Rs.2,000/- R.I. for 2 months
27 of Arms Act R.I. for 3 years Rs.5,000/- R.I. for 3 months
5. Section 2 (aa) of the Act defines 'hardcore prisoner' as under:
"Section 2(aa):
(aa) "hardcore prisoner" means a person confined in prison under a
sentence of imprisonment, who has been convicted of -
(i) an offence of rape with murder under section 376 read with
section 302 of the Indian Penal Code, 1860;
(ii) an offence punishable under section 14 of the Protection of
Children from Sexual Offences Act, 2012;]"
6. The provisions pertaining to release of a prisoner on parole are spelt out in
Section 3 of the Act. Section 5-A of the Act further lays down certain
conditions, where a prisoner is not entitled to be released on parole. Section
5-A of the Act is reproduced herein-under:
"5-A. Prisoner not entitled to be released in certain cases:-
Notwithstanding anything contained in sections 3 and 4, -
PANKAJ KAKKAR
2025.12.05 11:11
I attest to the accuracy and authenticity of
this order/judgment
Punjab & Haryana High Court at
Chandigarh
CRWP-688-2025 (O&M) (3)
(a) no prisoner shall be entitled to be released under this Act to
whom the death sentence has been awarded or is a hardcore,
prisoner;
(b) Notwithstanding anything contained in clause (a), hardcore
prisoner may be allowed to be released temporarily on the
ground specified in clause (a) or clause (b) of sub-section (1)
of section (3). However, extra conditions may be imposed on
the prisoner at the time of temporary release or furlough
after considering all the facts and circumstances of the
case.]"
7. While a perusal of Section 5-A of the Act does show that a 'hardcore
prisoner' is not entitled to be released on parole except under some
exceptional circumstances, we find that the case of the petitioner would not
fall within the definition of the 'hardcore prisoner' as he does not stand
convicted for any of the offences enumerated in Section 2(aa) of the Act.
Thus, we find that the observations as recorded by the authorities concerned
by referring the petitioner as a 'hardcore prisoner' are unwarranted.
Consequently, the impugned order 13.12.2024 (Annexure P-4) passed by
respondent No.2 - Deputy Commissioner-cum-District Magistrate, District
Tarn Taran is set aside. The authorities concerned to decide the matter afresh
in accordance with law expeditiously preferably within a period of 3 weeks
from today.
8. The instant petition stands disposed off accordingly.
( GURVINDER SINGH GILL )
JUDGE
4.12.2025 ( RAMESH KUMARI )
Pankaj JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
PANKAJ KAKKAR
2025.12.05 11:11
I attest to the accuracy and authenticity of
this order/judgment
Punjab & Haryana High Court at
Chandigarh
