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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Karanpreet Singh Alias Giana Alias Fateh – Appellant
Versus
State Punjab – Respondent
JUDGMENT :
Sanjay Vashisth, J.
1. Present petition has been filed under Section 226/227 of the Constitution of India seeking issuance of directions to the respondents to release the petitioner on eight weeks parole to meet his family members under Section 3(1) (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.
2. Learned counsel for the petitioner submits that petitioner prayed for release on parole for a period of eight weeks, but same has been declined by noticing the report of Commissioner of Police, Jalandhar, wherein it is mentioned that the petitioner has already been convicted in several cases, while others are still under trial. Also recorded that in most of the cases, offences are under Arms Act, NDPS Act, and there are various assault charges also. Lastly, it has been concluded that in case, petitioner is released on parole, he may abscond to foreign country.
3. Learned counsel for the petitioner further submits that undoubtedly petitioner is an accused/convict in several cases, but most of the cases are still pending in which he has been falsely involved. He further submits that in five of the cases petitioner has already been acquitted and in all other
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 ....
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....
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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