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CRWP-3064-2026 (cid:2)(cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-3064-2026 (cid:1)

Judgment reserved on(cid:1)Judgment pronounced Operative part Uploaded on(cid:1)

on(cid:1) pronounced or Full(cid:1)

30.03.2026(cid:1) 07.04.2026(cid:1) Full pronounced(cid:1) 07.04.2026(cid:1)

(cid:1)

Sagar ....Petitioner(cid:1)

Versus(cid:1)

State of Punjab and others ....Respondents(cid:1)

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present: Mr. Anterpreet Singh, Advocate(cid:1)

for the petitioner.(cid:1)

Ms. Pooja Nayar Sharma, DAG, Punjab.(cid:1)

*****(cid:1)

ANOOP CHITKARA, J.

(cid:1)

FIR No.(cid:1) Dated(cid:1) Police Station(cid:1) Sections(cid:1)

127(cid:1) 29.07.2020(cid:1) Koom Kalan, Distt. Ludhiana(cid:1) 302, 149 IPC(cid:1)

(cid:1)(cid:2) Seeking issuance of a writ in the nature of mandamus directing the respondents to release the petitioner on parole for 08 weeks under Section 3(2) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962, the petitioner who has been convicted in the FIR captioned above, has come up before this Court by filing the present petition under Article 226 of

Constitution of India. (cid:3)

(cid:4)(cid:2) Perusal of the file shows petitioner has filed an appeal against conviction before this Court bearing number CRA-D-1091-2025, which has been admitted. (cid:3)

(cid:5)(cid:2) Petitioner’s counsel submits that he has filed an application before respondent No.4, which was referred to respondent No.3-Senior Superintendent of Police to submit inquiry report with regard to his parole. Thereafter on 20.01.2026, respondent No.3 vide its letter No.5518/AC- 3 dated 20.01.2026 has submitted inquiry report conducted by local Police Station Sadar Nawanshahr with regard to parole of 8 weeks of the petitioner to the office of respondent No.2. On the basis of inquiry conducted by local Police, Senior Superintendent of Police, Shaheed

ANJU RANI

2026.04.07 16:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

(cid:1)

CRWP-3064-2026 (cid:3)(cid:1) Bhagat Singh Nagar, has not recommended the parole to the petitioner. Thereafter, respondent No.2-Deputy Commissioner, Distt. Shaheed Bhagat Singh Nagar, on the basis of letter dated 20.01.2026 along with report as well as new performa sent by respondent No.3 has rejected the case of the petitioner vide order dated 12.02.2026 on the ground that if the petitioner be released on parole, he may commit another major crime, which could disrupt peace and order in the state

and society. (cid:3)

(cid:6)(cid:2) Petitioner is challenging impugned order dated 12.02.2026 on the grounds that same is non speaking order and not based on valid justification for rejecting the case of the petitioner. It is asserted that Gram Panchayat has already recommended his case, therefore, the conclusion that “if petitioner released on parole he may commit another crime which could disrupt peace and order in the state and society” without reasons is bad in law. It is argued that the resolution of the Gram Panchayat in favour of the petitioner has not been taken into consideration. It is asserted that petitioner has no previous criminal record, even he was on bail, during the trial. That his conduct during incarceration has been reported to be good and there is no allegation of mis-conduct while in jail. It is asserted that accused was never involved in any activities, which may cause disturbance to the public peace/order or security. It is asserted that petitioner was falsely involved in present FIR and his appeal is pending and, therefore, the impugned order

declining parole is liable to be set-aside.(cid:3)

(cid:7)(cid:2) On notice, respondents have opposed plea of petitioner for 8 weeks parole and have justified impugned order dated 12.02.2026 on the ground that petitioner has been found to be a threat to the State security and maintenance of public order and, therefore, he is not entitled to

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