IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP-10820-2025 Date of decision: 09.10.2025 GURPAL SINGH ALIAS PAL SINGH ….Petitioner Versus STATE OF PUNJAB AND ORS. ....Respondents CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Vijay Lath, Advocate for the petitioner.

..…

RUPINDERJIT CHAHAL, J. (ORAL)

1. Petitioner has filed this petition under Articles 226/227 of Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 04.03.2025, Annexure P-7, passed by District Magistrate, Rupnagar, vide which, the application of the petitioner for grant of parole has been declined.

2. Learned counsel for the petitioner inter alia contends that the petitioner moved an application seeking temporary release (parole) for a period of 08 weeks which was rejected in a mechanical manner on the ground that in case the petitioner is released on parole, the petitioner can again indulge in the smuggling of psychotropic substances. Learned counsel for the petitioner further contends that there is no legislative mandate to reject the case of the petitioner on this ground and further his case is squarely covered by the judgment passed by the Division Bench of this Court in CRWP-5395-2023 decided on 06.05.2024 titled as Kulwinder Singh @ Taina vs. State of Punjab and Ors. and Jassa Singh @ Jassa vs. State of Punjab and Ors. 2016(5) RCR (Criminal) 522 and submits that Division Bench of this Court has already considered the statutory provisions and has concluded that apprehension of involvement of the convict in other cases cannot be a sole ground for denying him the concession of temporary release. Relevant paragraph of judgment Kulwinder Singh @ Taina vs. State of Punjab and Ors. is reproduced herein below:

“10. Objectives of parole are twofold i.e. rehabilitation of offender and protection of society. The main purpose of parole is that prisoner can maintain continuity together with his family, friends and community and at the same time to save prisoner from harmful effects of continuous prisoner life. Parole enables a prisoner to develop a feeling of self confidence that there is a life beyond prison. It helps prisoner to develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner. Competent authority can always impose sufficient and necessary conditions while granting parole. Gainful reference at this stage can be made to the judgment of Coordinate Bench in “Bansi Lal versus State of Punjab & Others”, 2016(4) R.C.R. (Criminal)

1017, where it was observed as under :-

“11. ..... During incarceration of a prisoner in jail after his conviction he is entitled for temporary release on parole which though is a concession and not a right. However, in order to reform a prisoner a periodic temporary release on parole for short duration is necessary. This is a welfare measure in the interest of a prisoner ..... xx xx xx xx

15. The term 'Security of the State' out of the expressions of 'law and order', and 'public order' is considered more grave. It may arise from within or outside the State. It is generally understood as an act of aggression from outside, or militant and terrorists operations engineered by foreign agencies. It can also be effected by passing of classified information like documents, secrets, maps etc. to foreign countries or through undesirable foreign links. An act which poses a threat to the State is to be considered as a threat affecting the security of the State. 'Public order', however, is synonymous with public safety. It is something more than mere law and order. Every breach of peace does not lead to public disorder. Maintenance of public order is intended to prevent grave public disorder, which is not the same as maintenance of law and order. The latter is comparatively of a lesser gravity and in fact of local significance. An act which does not affect the public at large or has no impact on it, is not to be taken as an act affecting maintenance