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HARINDER SINGH SIDHU, HARPREET SINGH BRAR
Irfan – Appellant
Versus
State of Union Territory, Chandigarh – Respondent
JUDGMENT
Harinder Singh Sidhu, J.
This is a petition for grant of parole.
2. It is stated in the petition that the petitioner was tried, convicted and sentenced by the Ld. Additional Sessions Judge, Chandigarh to undergo Rigorous Imprisonment for 30 years under Section 376D IPC and 2 years under Section 506 IPC vide judgment and order dated 27/31.08.2018, in case FIR No.411 dated 18.11.2017 Police Station Sector-36, Chandigarh. The appeal against conviction (CRA-877-DB-2018) of the petitioner is pending in the High Court.
3. The petitioner filed an application before the Authorities for his release on parole, which has been rejected vide the impugned order dated 22.05.2021 passed by Inspector General of Prisons, UT, Chandigarh.
4. Vide the impugned order, the IG (Prisons) on report from the District Magistrate, Ambedkar Nagar (UP), has rejected the request of petitioner for grant of parole with the following observations:
The decision emphasized the statutory framework governing temporary release of prisoners and the limitations on authorities' discretion in denying parole.
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.
The court established that denial of parole requires substantial evidence of potential danger to public order, not just apprehensions based on prior convictions.
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