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2023 Supreme(P&H) 1401

HARKESH MANUJA
Lakhwinder Singh @ Lakha @ Lakhvir – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. S.S. Maini, Mr. Amit Shukla AAG, Punjab

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 after his household affairs, but the aforesaid prayer stands declined vide order dated 13.05.2022 passed by the court of District Magistrate, Moga, based on report given by the Senior Superintendent of Police, Moga, by recording that the grant of parole to petitioner shall cause da

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