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VIKAS BAHL
Jagdeep Singh @ Deepa – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - This is a petition under Article 226 of the Constitution of India for setting aside the order dated 04.05.2022 passed by respondent no.3 rejecting the parole case of the petitoner with a further prayer to issue directions to respondents to release the petitioner on parole for 8 weeks to meet his family members and to settle household affairs.
2. Learned counsel for the petitioner has submitted that the petitioner was convicted in FIR no.207 dated 22.12.2017 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act 1985 (in short 'NDPS Act') at Police Station City Malout, District Sri Muktsar Sahib and sentenced to rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1 lac by the learned Judge, Special Court, Sri Muktsar Sahib on 09.09.2021 and the petitioner is undergoing the said sentence and the criminal appeal filed against the same is pending. It is submitted that the petitioner is in custody since the last more than 3 years and had applied for 8 weeks parole before the jail authorities under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962 (Amended Act 2015) (in short 'the
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.
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 ....
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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.
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
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