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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rupinder Singh – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. filing of crm for review of legal orders. (Para 1 , 2) |
| 2. overview of case history and prior legal decisions. (Para 3 , 4) |
| 3. arguments on interpretation and application of release policies. (Para 5 , 11) |
| 4. clarification regarding deduction of parole from sentences. (Para 6 , 10) |
| 5. challenging the application of new policies retrospectively. (Para 12 , 13) |
| 6. application of law at the time of conviction. (Para 15 , 18) |
| 7. parent act is to prevail over executive instructions. (Para 22 , 23 , 39) |
| 8. court ruling on the correct method of calculating sentence and parole. (Para 40 , 41) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. CRM-W-556-2025 is preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking recalling/reviewing/modification of the order dated 16.01.2024 passed by this Court in CRWP-2705-2023 in view of the liberty granted by the Hon’ble Supreme Court vide order dated 24.03.2025.
2. CRWP-11354-2024has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari seeking quashing of order dated 30.10.2024 (Annexure P-3) passed by respondent No.1, vide which case of the petitioner for premature re
The court ruled that the parole period must be deducted from the total sentence, not from the actual sentence for premature release eligibility, reaffirming adherence to statutory provisions.
Premature release – For the purpose of considering actual imprisonment, period of Parole is to be excluded.
Parole – Period of release on parole shall not be counted for the purpose of considering actual imprisonment and said period of parole has to be excluded.
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
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