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2023 DIGILAW 3334 (PNJ)

Harjinder Singh alias Jinder v. State of Punjab

2023-12-06

ANUPINDER SINGH GREWAL, KIRTI SINGH

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Judgment Mr. Anupinder Singh Grewal, J. The petitioner is seeking his release on parole for a period of 08 weeks. 2. Learned counsel for the petitioner that the petitioner has been convicted and sentenced to undergo life imprisonment for the commission of an offence punishable under Sections 302/120-B/148 IPC. The case of the petitioner for release on parole has been erroneously rejected by order dated 18.08.2023 (Annexure P-2) passed by the District Magistrate, Ludhiana on the ground that there is apprehension of security threat to the State. The petitioner is involved in another case pertaining to the death of the other son of the complainant. He, however, submits that the petitioner had been summoned as an additional accused under Section 319 Cr.P.C. in that case but that order has been stayed by this Court in CRR-109-2023 on 16.01.2023. The petitioner has undergone an actual sentence of three years. He had earlier been granted interim bail to enable him to attend the marriage of his niece and had surrendered in time and did not misuse the concession. 3. Learned State counsel submits that as the petitioner is involved in a murder case of the son of the complainant and he is also an accused in another case pertaining to the death of the complainant’s other son, his case for release on parole has rightly been rejected. 4. Heard. 5. The petitioner has been convicted under Sections 302/120-B/148 IPC in FIR No.151 dated 11.08.2020 at Police Station Samrala, District Ludhiana and sentenced to undergo life imprisonment. He is stated to have undergone an actual sentence of over three years. He was also summoned as an additional accused under Section 319 Cr.P.C. in another case but the order has been stayed by this Court. He had earlier been granted interim bail about a week by the order dated 28.03.2023 (Annexure P-4) and did not misuse its concession. 6. A bare reading of the order dated 18.08.2023 (Annexure P-2) indicates that the case of the petitioner has been rejected on the ground that there is apprehension of security threat to the State and the petitioner may affect the outcome of the other case. It is difficult to comprehend as to how the release of the petitioner would affect the security of the State. In the other case, the summoning order has been stayed. It is difficult to comprehend as to how the release of the petitioner would affect the security of the State. In the other case, the summoning order has been stayed. It is necessary for the prisoner to maintain his contact with the society which would facilitate his reformation as a responsible citizen at the time of his release after completion of sentence. We, therefore, are of the considered view that the order declining the release of the petitioner on parole is unsustainable and deserves to be set aside. 7. Consequently, the petition is allowed and the order dated 18.08.2023 (Annexure P-2) is set aside. The petitioner would be released on parole for a period of four weeks subject to his furnishing necessary surety bonds to the satisfaction of the competent authority and on expiry of 04 weeks, he shall surrender to the concerned jail. 8. At the time of release of the petitioner, SHO Police Station Samrala, District Ludhiana would be informed and the petitioner shall furnish his mobile number to the SHO and keep his mobile location on during the period of parole.