IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:03.07.2025 Jasbir Singh @ Lucky Baba ...Petitioner Versus State of Punjab and others ...Respondents Coram : Hon’ble Mr. Justice Rajesh Bhardwaj Present: Mr. Nandan Jindal, Advocate, for the petitioner.

Mr. M.S. Toor, AAG, Punjab.

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Rajesh Bhardwaj, J. (Oral)

1. Prayer in the present petition, filed under Article 226 of the Constitution of India read with Section 3(1)(c) and (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 is for issuance of a writ in the nature of certiorari for quashing of the impugned order dated 23.04.2025 (Annexure P-4) passed by the District Magistrate, Amritsar, vide which request of the petitioner for grant of 8 weeks parole to him has been declined and further for issuance of a writ in the nature of mandamus directing the respondents to release the petitioner on parole for a period of eight weeks.

2. Learned counsel for the petitioner submits that the petitioner was prosecuted in case FIR No.179 dated 24.08.2021, registered under Sections 21-C/29/61/85 of the NDPS Act, 1985 and Sections 25/54/59 of the Arms Act, 1959, at Police Station Sirhind, District Fategarh Sahib. After completion of trial, the petitioner was convicted and sentenced for 10 years rigorous imprisonment vide judgment of conviction and order of sentence dated 11.03.2024 passed by the learned Special Judge, Fatehgarh Sahib. It is submitted that the petitioner has completed 4 years of sentence and now confined in Central Jail, Bathinda. The petitioner assailed the order of his conviction and sentence by way of filing CRA-S-1704-2024, which is pending adjudication before this Court. He applied for grant of parole to the respondent-authorities; however, the same was not decided. Hence, the petitioner approached this Court by way of filing CRWP-8370-2024, which was disposed of by this Court vide order dated 28.10.2024, directing the respondent-authorities to decide his application for parole within a period of ten days thereafter. In pursuance of the order dated 28.10.2024 passed by this Court, the respondent-authorities declined his application for parole vide order dated 09.12.2024 primarily on two grounds; firstly that there are number of FIRs registered against the petitioner and secondly that there would be apprehension of State security and maintenance of public order and breach of peace. The petitioner assailed the said order dated 09.12.2024 before this Court by way of filing CRWP-108-2025. This Court, vide order dated 27.02.2025, set aside the order dated 09.12.2024 and directed the respondent- authorities to take into consideration the law settled and pass a fresh order within a period of three weeks. The respondent-authorities did not pass any order, as directed by this Court vide order dated 27.02.2025, and hence, the petitioner filed COCP-1978-2025 and the respondent-authorities filed reply to the same wherein the impugned order dated 23.04.2025 has been annexed, rejecting the prayer for grant of parole to the petitioner on the same grounds which were set aside by this Court vide order dated 27.02.2025 in the earlier petition bearing CRWP-108-2025.

3. It is submitted by learned counsel for the petitioner that the impugned order is totally unsustainable in the eyes of law as the same is against the spirit of law. He further submits that though the petitioner has been prosecuted in various FIRs, however, he has already been acquitted or discharged in eight of the FIRs out of nine, whereas FIR No.124 dated 10.06.2020, registered under Sections 21, 25, 61, 85 of the NDPS Act, 1985, at Police Station Kartarpur, District Jalandhar Rural pertains to the recovery of non-commercial quantity and the petitioner is on bail in the said FIR case and the trial is still going on therein. Further, he relies upon the judgments passed in Tarlochan Singh vs. State of Punjab and others, CRWP-2459-2011, decided on 10.02.2012 and Ram Chander vs. State of Punj