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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Deepak @ Sunny @ Deepak Ladhar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. Present criminal writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondent No.2 to decide the parole case of the petitioner expeditiously.
2. Learned counsel for the petitioner, inter alia, contends that vide judgment of conviction dated 25.07.2023 passed by learned Judge, Special Court Kapurthala, the petitioner was convicted in FIR No.85 dated 01.12.2014 under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Begowal, District Kapurthala and vide order of sentence of even date, he was sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs. 1.00 lakhs along with default mechanism. Thereafter, the petitioner filed an appeal before this Court, which stands admitted on 16.11.2023. It is further contended that on 06.12.2023, the petitioner submitted an application for grant of parole before the Jail Superintendent, Central Jail, Kapurthala (Annexure P-3), which was forwarded to respondent No.2-District Magistrate, Kapurthala vide letter dated 13.12.2023 (Annexure P-4). Thereafte
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 ....
The main legal point established is the eligibility criteria for parole under Rule 1210 sub rule (II) Delhi Prison Rules 2018, emphasizing the importance of maintaining family and social ties for con....
The right to seek treatment under Article 21 of the Constitution of India can influence the decision regarding parole, especially in cases of medical necessity.
Convicts retain constitutional rights, including timely consideration for parole, essential for rehabilitation and preventing the erosion of fundamental rights under Article 21.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
Parole is a right meant for rehabilitation and should consider current prisoner conduct rather than past infractions, balancing individual reform with public safety.
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