The court can grant 'in custody parole' for familial obligations even when the petitioner has a serious conviction.

JUDGMENT

Mr. Anupinder Singh Grewal, J. (Oral)

The petitioner is seeking 'in custody parole' under Section 3(l)(b) r/w (d) of the Punjab Good Conduct Prisoners (Temporary) Release Act, 1962 to attend the marriage of his niece on 03.12.2023 from 10.00 am to 03.00 pm.

2. Learned counsel for the petitioner submits that the petitioner had earlier been granted 'in custody parole' to attend the bhog ceremony of his brother-Jaswinder Singh in April, 2023 and did not misuse its concession. The marriage of the niece of the petitioner, who is the daughter of his late brother-Jaswinder Singh, is to take place on 03.12.2023 at Venue Hotel, Grand Orchard, Ropar-Kurali Road; the Anand Karaj ceremony will be performed at Gurudwara Sahib village Mughal Majri, Rupnagar between 10.00 am to 12.00 noon and therefore, it is necessary for the petitioner to be present at the marriage and to perform ceremonies as a father to the bride. He has referred to a copy of the invite at Annexure P-2.

3. Issue notice to the respondents. Mr. Manish Bansal, Public Prosecutor, UT, Chandigarh and Mr.Rajiv Vij, Addl. P.P., UT, Chandigarh, accept notice on behalf of respondents No. 1 to 3/UT, Chandigarh. Mr. Rajeev Anand, Advocate has put in appearance on behalf of respondent No.4/CBI and Ms. Ishma Randhawa, Addl. A.G., Punjab, accepts notice on behalf of the respondent No.5.

4. Learned counsel for respondents No. 1 to 3/UT, Chandigarh submits that in view of the gravity of the offence for which the petitioner has been convicted, he does not deserve the concession of in custody parole.

5. Heard.

6. The petitioner has been convicted in FIR No.RC-9(S)1995/SIU/SIV/CBI dated 01.09.1995, New Delhi registered under Sections 302/307/306 read with 109/120-B IPC and Sections 3/4/5/6 of the Explosive Substances Act and sentenced to undergo imprisonment for the remaining period of natural life vide the judgment and order dated 17.03.2018 passed by the Additional Sessions Judge, Chandigarh. The petitioner is also stated to be convicted in FIR No.17 dated 22.01.2004 registered at Police Station Sector 34, Chandigarh for the commission of an offence punishable under Sections 224 and 120B IPC wherein he has been released from custody as he has undergone the sentence.

7. The niece of the petitioner is getting married on 03.12.2023. She is the daughter of his late brother-Jaswinder Singh who is stated to have expired in April, 2023. The petitioner is stated to have earlier been granted 'in custody parole' to attend the bhog ceremony of his brother-Jaswinder Singh and had not misused its concession. It is true that the petitioner has been convicted and sentenced to undergo imprisonment for the remainder of his life but it would be appropriate if the petitioner is permitted to discharge his familial obligation to attend the marriage of his niece and perform ceremonies in connection therewith. It is stated in the petition that the marriage is to take place on 03.12.2023 at Venue Hotel, Grand Orchard, Rupar-Kurali Road, however, the Anand Karaj ceremony is to be performed at Gurudwara Sahib village Mughal Majri, Rupnagar around 11.00 am.

8. Consequently, the petition is allowed and the petitioner would be granted 'in custody parole' and permitted to attend the marriage of his niece from 11.00 am to 01.00 pm on 03.12.2023 at Gurudwara Sahib, village Mughal Majri, Rupnagar. The Chandigarh Police and the Punjab Police shall make the necessary security arrangements.