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VIKAS BAHL
Bhupinder Singh @ Rupinder Singh @ Bunty – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral). - This is the fourth Criminal Writ Petition filed under Article 226 of the Constitution of India read with the Punjab Good Conduct Prisoners Temporary Release Act 1962 for the issuance of a writ in the nature of Certiorari for quashing of order passed by the District Magistrate, Ludhiana dated 20.12.2021 (Annexure P-4) denying parole to the petitioner.
2. Learned counsel for the petitioner has submitted that the petitioner was convicted vide judgment dated 13.02.2020 in FIR No. 85 dated 16.09.2017 under Section 15 of the NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and against the same, the petitioner has preferred an appeal which is pending before this Hon'ble High Court and the petitioner has been in custody since the last 3 years and 22 days. The petitioner had applied for parole for a period of 8 weeks for the repair of his house and to look after his mother and the same was not recommended by the Commissioner of Police, District Ludhiana-respondent No. 3. It is further submitted that the non-recommendation was non speaking inasmuch as, there was no evidence/material forthcoming as to how peace and harm
The decision to grant or deny parole must be based on relevant evidence and material, and reasons for the decision must be recorded to ensure transparency and justice.
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
The legal principle established is that parole should not be denied based on mere assumptions and there should be sufficient material to support the rejection.
Granting parole is not a vested right of a convict prisoner and can be refused based on the prisoner's conduct and the circumstances of the case.
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