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2014 DIGILAW 1775 (PNJ)

Kuljit Singh v. State of Punjab

2014-12-19

INDERJIT SINGH

body2014
JUDGMENT Mr. Inderjit Singh, J.: - Petitioner has filed this criminal writ petition under Article 226 of the Constitution of India praying for the issuance of a writ to respondents to allow emergency parole for four weeks or some days to the petitioner to celebrate marriage of his only real sister Mandeep Kaur, whom he brought her up with his other children after the death of this father. 2. Notice of motion was issued and learned State counsel appeared and filed the report of the SHO, Police Station Mehatpur stating that the marriage of the sister of the petitioner has been fixed for 20.12.2014. 3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. 4. From the perusal of the record, I find that nothing has been shown to this Court that any order rejecting the application of the petitioner for parole by the competent authority, has been passed. Copies of application dated 02.12.2014 written by Harbhajan Kaur to Superintendent, Central Jail, Bathinda and another application dated 05.12.2014, stated to have been written by Mandeep Kumari to Hon’ble Judge of this Court, have been placed on record. The perusal of application stated to be filed by Harbhajan Kaur shows that it is not the carbon copy but the original one nor there is any endorsement of Superintendent, Central Jail, Bathinda on it to show that this application has been received by him. There is no postal receipt etc. to show that application has been actually moved to Superintendent, Central Jail, Bathinda and when it was received. 5. From the record, it is clear that neither any order has been passed by the competent authority nor there is anything to show that the petitioner has applied before the Superintendent, Central Jail, Bathinda. Otherwise also, there will be no purpose now to issue direction to the respondents to consider parole as marriage is going to be held tomorrow i.e. 20.12.2014. 6. The petitioner has not shown prima facie that he has approached the competent authority nor the competent authority has passed any order. Therefore, the prayer of learned counsel for the petitioner to grant emergency parole for four weeks by this Court, has no merit and cannot be allowed. 6. The petitioner has not shown prima facie that he has approached the competent authority nor the competent authority has passed any order. Therefore, the prayer of learned counsel for the petitioner to grant emergency parole for four weeks by this Court, has no merit and cannot be allowed. It is for the competent authority to consider all the facts of the case and then after verification, to decide whether parole is to be given or not. Otherwise also, as per Section 3 (1) (b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, the emergency parole can only be given for the marriage of son and daughter etc. and not sister. 7. Therefore, finding no merit in the present petition, the same is dismissed. ---------0.B.S.0------------ —————————