PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH, J.
Karanpreet Singh Alias Giana Alias Fateh – Appellant
Versus
State Punjab And Others – Respondent
CRWP-344-2025
Decided on : 01-03-2025
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 cases, which are pending, almost in all such cases, he has been ordered to be released on bail. By referring to the details of the criminal cases mentioned against the petitioner in reply filed by the respondents, Counsel handed over a chart alongwith the status of the cases and same is taken on record, thus, prays for release of the petitioner on temporary parole and quashing of the order dated 27.11.2024 passed by Deputy Commissioner, Jalandhar, Punjab for releasing the petitioner on parole for a period of eight weeks.
4. On the other hand, learned State counsel submits that the details of the pending cases clearly show that he is not an ordinary convict, being involved in about 22/23 cases. Further submits that undisputedly in five cases, he has been acquitted, but there are other cases also, where the trial is pending and in one of the case, he has been convicted and sentenced for a period of seven years. Thus, by defending the impugned order, opposes the prayer for release on parole.
5. I have considered the submissions and the details of all the cases alongwith their status, reproduced herein in tabulated form:
COMPARATIVE CHART
Sr. No. | Details of FIRs | Status |
1 | FIR No.15/2021 u/s 307, 323, 324, 120B, 148, 149, 325, 326, 201IPC, P.S. Basti Bawa Khel | Convicted for 7 years |
UNDER-TRIAL CASES | ||
2(a) | FIR No.16/2022 dated 07.02.2022 u/s 307/341/34 IPC & Section 25/54/59 Arms Act, P.S. Division-1, Jalandhar | PWs On bail vide order dated 05.03.2023 |
2(b) | FIR No.29/2022 dated 07.02.2022 under Sections 384/212/216/116/120-B IPC & Section 25/54/59 Arms Act, P.S. Division-8, Jalandhar | PWs on bail vide order dated 17.03.2023 |
2(c) | FIR No.68/2022 dated 16.06.2022 under Section 29, 61, 85 of NDPS Act, P.S. Navi Baradari. | PWs On bail vide order dated 02.03.2023 |
2(d) | FIR No.37/2021 dated 30.03.2021 under Section 153A/386/504 IPC, P.S. Division-2, Jalandhar. | PWs on bail vide order dated26.04.2023 |
2(e) | FIR No.124/2020 dated 22.09.2020 under Sections 323/324/160/148/149 IPC & Section 67 IT Act, P.S. Division-2, Jalandhar. | PWs on bail vide order dated 02.03.2023 |
2(f) | FIR No.174/2016 dated 10.09.2016 under Section 61 Excise Act, P.S. Bhargo Camp, Jalandhar | PWs on bail vide order dated02.06.2022 |
2(g) | FIR No.42/2016 dated 01.03.2016 under Section 382/34 IPC, P.S. Navi Baradari, Jalandhar | PWs On bail vide order dated 07.06.2017 |
2(h) | FIR No.233/2022 dated 26.09.2022 under Section 28/29/30 of NDPS Act & Section 42/52A Prison Act, P.S. STF-4. | PWs on bail vide order dated 04.03.2023 |
CONVICTION CASES | ||
3(a) | FIR No.103 dt. 18.06.2017, u/s 452, 323, 341, 506, 509, 148, 149 IPC, registered at P.S. Bhargo Camp, Jalandhar | Already undergone vide order dated 02.06.2022 |
3(b) | FIR No.198 dated 25.10.2016, u/s 22 of NDPS Act, registered at P.S. Bhargo Camp, Jalandhar | Conviction order dt.14.05.2018 for 2 years by the ld. Trial Court. |
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.