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HARKESH MANUJA
Lakhwinder Singh @ Lakha @ Lakhvir – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual background of the petition. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's analysis of the situation. (Para 5 , 6 , 7) |
| 4. decision to quash the impugned order. (Para 8) |
| 5. instructions for the petitioner’s parole release. (Para 9) |
Judgment
Mr. Harkesh Manuja, J.
By way of present petition filed under Article 226/227 of the Constitution of India, prayer has been made for quashing of impugned order dated 13.05.2022 passed by respondent No.2, whereby, grant of parole to the petitioner by invoking Section 3 (1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short, “the Act”), so as to meet his old parents, has been declined.
2. Very briefly, petitioner was arrayed as accused in FIR No.49 dated 10.05.2019, under Sections 489-A, 489-B, 489-C and 489-D IPC, registered at Police Station Badhni Kalan, District Moga and he was convicted and sentenced to undergo RI for 10 years vide judgment dated 07.09.2021 passed by the court of learned Sessions Judge, Moga. Thereafter, petitioner applied for 08 weeks parole before jail authorities invoking Section 3 (1) (d) of the Act, so as to meet his family members and to look
The reformative nature of parole and the need for solid reasons to decline temporary release.
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