JUDGMENT

Harpreet Kaur Jeewan, J. - CRM-W-167-2023

In pursuance of the order dated 22.12.2022, this application has been filed by the applicant-petitioner seeking permission to place on record a copy of the judgment of the conviction dated 05.04.2022, passed by learned Additional Sessions Judge, Moga, as Annexure P-3 with the accompanying petition.

The application is allowed subject to all just exceptions and the aforesaid copy of the judgment is taken on record as Annexure P-3 with the accompanying petition. Office to tag the same at appropriate placed.

CRWP-12043-2022

Petitioner Iqbal Singh has challenged the order dated 27.10.2022 (Annexure P-2) whereby his application for grant of parole has been rejected by the District Magistrate, Moga.

2. Learned counsel for the petitioner has submitted that the petitioner was arrested and ultimately convicted on 19.04.2022 and sentenced for rigorous imprisonment for life by the learned Additional Sessions Judge, Moga, in case FIR No. 138, dated 02.09.2018 under Sections 302 /34 of the IPC, registered at Police Station Badhni Kalan, District Moga.

3. The conviction order has been challenged by the petitioner by way of filing an appeal bearing No. CRA-D-481-2022 before this Court. The petitioner is in custody since 05.09.2018. His request to meet his family member and to look-after his household affairs by way of releasing him on parole has been rejected by respondent No. 3-District Magistrate, Moga, despite the fact that the Superintendent of Central Jail, Faridkot (respondent No. 4) initiated and recommended eight weeks' parole of the petitioner. Rejection of grant of parole to petitioner is stated to be contrary to the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act').

4. Learned counsel for the State while referring to the reply, dated 31.01.2023, filed by Sh. Rajiv Kumar Arora, PPS, Superintendent, Central Jail, Faridkot, on behalf of respondents No. 2 to 4, pointed out that the Superintendent of Police, Moga, vide letter No. 10917/CAC-3, dated 01.10.2022 (paragraph 5 thereof), submitted that there is an apprehension of the breach of State's security and maintenance of public order in case the applicant is released on parole. The complainant Charan Singh, son of Bhan Singh has also shown an apprehension of threat to his life and property and to his family members.

5. As per the custody certificate, (Annexure R-1) the petitioner has undergone a total period of custody of 04 years, 04 months and 25 days. The request of the petitioner for grant of parole was declined by the District Magistrate, Moga (respondent No. 2), primarily on the ground that the parole has not been recommended by the Senior Superintendent of Police, Moga (respondent No. 4) and in view of the apprehension of threat to the complainant Charan Singh. The District Magistrate has also observed that it has been found from the secret sources during the inquiry that the petitioner can take part in illegal activities, if he is released on parole.

6. The reasons recorded by the District Magistrate does not refer about his opinion based upon application of his free, independent and judicious mind regarding relevant statutory provisions. The relevant portion of the order of the District Magistrate dated 27.10.2022 (Annexure P-2) reads as under:-

xxxx xxxx xxxx xxxx

"In view of the facts mentioned above and the correspondence available on the file, it is clear that as per the report of the Senior Superintendent of Police, Moga, there is apprehension danger to the State Security/Maintenance of Public order if the convict Iqbal Singh son of Sohan Singh, resident of Village Raoke Kalan, Police Station Badhni Kalan, District Moga, is released on parole.

Because, the complainant has shown that his life and property as well as the life and property of the his family is in danger on release of this convict on parole because it has been found from the secret sources during the inquiry that