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TEJINDER SINGH DHINDSA, SANJIV BERRY
Jatinder Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. challenging order denying parole. (Para 1 , 2) |
| 2. state's concerns about peace and crimes. (Para 3 , 12) |
| 3. arguments for and against granting parole. (Para 4 , 5 , 6) |
| 4. legal framework and rationale for parole. (Para 8 , 9 , 10 , 11 , 13 , 14) |
| 5. court's decision to allow parole. (Para 15) |
JUDGMENT
Sanjiv Berry, J. (Oral)
The instant petition has been filed challenging the impugned order dated 29.09.2022 (Annexure P-1) passed by respondent No. 3 vide which request of petitioner for temporary release to meet his family under Section 3 (l)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act of 1962') has been declined on the ground that there is apprehension of breach of peace in the event of the release of the petitioner on parole and that he can indulge in activities of selling drugs.
2. A perusal of the paper book reveal that the petitioner is undergoing sentence of 12 years in case FIR No. 274 dated 24.11.2017 under Section 18 of the NDPS Act, Police Station Meharban, District Ludhiana and the said conviction had been challenged vide appeal number CRA-D-372-DB of 2020, which is lying pending before this Court.
3. After issuanc
The reformative nature of parole and the need for solid reasons to decline temporary release.
Parole cannot be denied based on mere likelihood of committing a crime, and the release should not be refused on mere generalization without specific evidence of endangering the security of the State....
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