JUDGMENT

Ms. Harpreet Kaur Jeewan, J.

The petitioner Randhir Singh has filed the present petition challenging the order dated 26.12.2022 (Annexure P-2) whereby his application for grant of parole has been rejected by the Additional Director General of Police (Prisons), Punjab.

2. As per the custody certificate, the petitioner is undergoing the sentence awarded by Ms. Saru Mehta Kaushik, Additional Sessions Judge, Sangrur, vide order dated 16.08.2021, whereby the petitioner has been convicted under Section 302 read with Section 34 of the IPC and sentenced to undergo rigorous imprisonment for 20 years along with payment of fine of Rs. 20,000/- and in default to further undergo rigorous imprisonment for 1 year, in case FIR No. 107, dated 15.10.2019, under Sections 302 /34 of the IPC, registered at Police Station Khanauri, District Sangrur.

3. Learned counsel for the petitioner has submitted that on 21.04.2022, the petitioner applied for 08 weeks parole to meet his family members under Sections 3 (1) (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act of 1962'), The Superintendent Central Jail, Goindwal (respondent No. 4) initiated and recommended the parole case and forwarded the same to District Magistrate, Jind, as well as to Director General of Police, Jail Department, Punjab. However, his application has been declined by the District Magistrate, Jind (respondent No. 3), on the ground that the Superintendent of Police, Jind has not recommended the parole of the petitioner, as the petitioner is not having permanent residence in Jind. The maternal-uncle of the petitioner is a permanent resident of Jind and he has submitted in his affidavit that he is responsible for his nephew. Even the Gram Panchayat has given no objection as per Annexure P-1. The father of the petitioner has filed an affidavit dated 27.03.2023 (Annexure P-4) submitting that his son (petitioner) wants to avail eight week's parole to meet his maternal-uncle Charan Singh, son of Sila, resident of Village Thua, Police Station Alewa, District Jind (Haryana). His release on parole was not recommended by the Gram Panchayat of his Village Karounda, Tehsil Moonak, District Sangrur and therefore, he is sending him to his maternal-uncle to avail parole. It was submitted that rejection was not justified.

4. On the other hand, the learned counsel for the State, referring to the short reply dated 02.05.2023, filed by Sh. Gurcharan Singh Dhaliwal, Superintendent Central Jail, Shri Goindwal Sahib, submitted that the parole case of the petitioner was forwarded to District Magistrate, Jind (Haryana) but a verification report was received from District Magistrate, Jind to the office of the Additional Director General of Police, Punjab, Chandigarh, vide letter dated 06.12.2022 and the parole was not recommended on the ground that the petitioner is not having any permanent residence in Haryana and there is no cogent/rationale reason for availing the parole at his maternal-uncle's residence. As such, after considering the report of the District Magistate, Jind and the Superintendent of Police, Jind (Haryana), the request for parole was declined by Additional Director General of Police (Prisons), Punjab, vide order dated 26.12.2022 (Annexure P-2).

5. We have considered the above submissions.

6. As per the custody certificate, the petitioner has undergone actual period of 02 years, 09 months and 24 days and he has not availed any parole or furlough during this period. The request of the petitioner for grant of parole was declined merely on the ground that he wants to stay along with his maternal-uncle where he is not having any perma