Back
G. S. SANDHAWALIA, GURBIR SINGH
Gurbaksh Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Gurbir Singh, J.
Prayer in this petition is for setting aside order dated 27.12.2022 (Annexure P-1), whereby prayer to grant parole for a period of eight weeks under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as - the Punjab Act No.11 of 1962), was rejected, with a further prayer for grant of eight weeks' parole to the petitioner under Section 3(1)(aa) of the Punjab Act No.11 of 1962.
2. The petitioner was tried as accused in case FIR No.31 dated 30.03.2014, under Sections 302 , 341, 392, 506, 120-B, 148, 149 IPC and Sections 25 , 27 of the ARMS ACT , registered at Police Station Jaitu, District Faridkot, along with other persons. Vide judgment dated 16.11.2021 passed by learned Additional Sessions Judge-I, Faridkot (Annexure P-2), the petitioner was convicted under Section 302 /34 IPC and was ordered to undergo imprisonment for life and to pay fine of Rs.20,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.
3. Counsel for the petitioner has submitted that the petitioner sought parole for eight weeks in order to meet his mother who was suffering from Burst Acute Appendicitis with Pe
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 ....
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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 cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
