Amarjit Singh @ Kala @ Mama vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2951

TEJINDER SINGH DHINDSA, SANJIV BERRY
Amarjit Singh @ Kala @ Mama – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. J.S. Bains, Advocate; For the Petitioner
For the Respondent: Mr. H.S. Sullar, Sr. DAG, Punjab.

JUDGMENT

Mr. Sanjiv Berry, J. (Oral)

The instant petition has been filed under Article 226/227 of the Constitution of India, challenging the impugned order dated 22.08.2022 (Annexure P-1) passed by District Magistrate, Kapurthala-Respondent No.3, vide which request of Petitioner for temporary release to meet his family and taking care of family members under Section 3 (1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act of 1962') has been rejected on the ground that there is danger to complainant party and he can run away and there is apprehension to breach of peace on his coming on parole besides there can be a law and order situation.

2. A perusal of the paper book reveal that the Petitioner is undergoing rigorous imprisonment for life with fine Rs. 55,000/- in default, RI for 2 years and 03 months in case FIR No. 167 dated 28.07.2013 under Sections 302 , 120-B, 148 of the INDIAN PENAL CODE and Section 25 of ARMS ACT , registered at Police Station City Kapurthala, District, Kapurthala and the said conviction had been challenged vide appeal number CRA-D-694-DB of 2022, which is pending before this Court.

3. Upon notice of motion being issued

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