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2022 Supreme(P&H) 852

G. S. SANDHAWALIA, VIKAS SURI
Mahammad Shehbaz – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Narinder Kumar Awasthi, Advocate, for the Appellant; Ms. Monika Jalota, D.A.G. Punjab., for the Respondent.

JUDGMENT

G.S. Sandhawalia, J. (Oral) - The challenge in this criminal writ petition filed under Article 226 of the Constitution, is to the order dated 12.07.2021 (Annexure P-1), whereby the claim of the petitioner for grant of 6 weeks parole under the Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962, has been rejected.

2. Perusal of the impugned order would go on to show that in spite of noticing the observations of the Coordinate Bench in CRM-M-34013- 2009 titled Varun @ Gullu vs. State of Haryana and others (decided on 26.04.2010) that request for release on parole or furlough could not be rejected in a mechanical manner on the ground of apprehension of breach of peace and to decline the request for temporary release by specifying endanger to the security of the State or public order. The authority in question has done the same in violation of the observations made. The same was only on account of the fact that there was report of Senior Superintendent of Police, Sangrur on account of involvement of the petitioner in FIR No.27 dated 29.03.2018 under Sections 302, 120-B and 201 IPC at Police Station Sandaur and is guilty in a heinous crime. His release on parole was held

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