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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Iqbal Singh – Appellant
Versus
State of Punjab – Respondent
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 N
The court emphasized the need for specific and non-vague reasons for rejecting parole applications, and highlighted the importance of good conduct by prisoners in determining parole eligibility.
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 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 ....
The court established that denial of parole requires substantial evidence of potential danger to public order, not just apprehensions based on prior convictions.
The main legal point established in the judgment is that the mere conviction for a serious and heinous offence cannot be the sole ground for denying parole, and that parole should be granted by takin....
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