Gurjinder Singh @ Kala v. State Of Punjab And Others

CRWP-1269-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1269-2020 (O&M).

Date of Decision : June19, 2020.

Gurjinder Singh @ Kala ...... Petitioner

Versus

State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE JASGURPREET SINGH PURI *** Present :- Mr. G.S.Goraya, Advocate for the petitioner.

Mr. Sandeep Vermani, Addl.A.G., Punjab.

*** AJAY TEWARI, J. (ORAL) This petition has been filed under Articles 226/227 of the Constitution of India, for setting aside the order dated 16.12.2019 (Annexure P2), passed by respondent No.3 - District Magistrate, Amritsar, vide which the application for grant of parole moved by the petitioner has been declined with a further prayer to grant parole to the petitioner for a period of four weeks to enable him to visit his family. Learned counsel for the petitioner submits that the petitioner had filed an application for the grant of parole, however, the same has been dismissed on the ground that the Commissioner of Police has not recommended the release of the petitioner on parole. Learned counsel for RAJ KUMAR ARORA 2020.06.19 17:41 I attest to the accuracy and integrity of this document

CRWP-1269-2020 (O&M) the petitioner further submits that the petitioner has maintained good conduct in jail and never gave any chance of complaint while undergoing his sentence. He further submits that the respected persons of the area have also recommended for release of the petitioner on parole vide Annexure P1. We have heard the learned the counsel for the petitioner as well as the learned State counsel through video conference. Learned State counsel has not been able to show that there is any complaint against the petitioner while undergoing his sentence. Considering the conduct of the petitioner while undergoing sentence of imprisonment and the fact that the appeal filed by the petitioner has been admitted which is not likely to be heard in near future and further to enable the petitioner to maintain social ties, the order dated 16.

12.2019 (Annexure P2) is set aside and the present petition is allowed. The petitioner is granted parole for four weeks from the date of his release to the satisfaction of the District Magistrate concerned, who is further directed to impose such conditions as are required to secure the presence of the petitioner in jail after the period of parole is over.

Since the main case has been allowed, the pending application if any also stands disposed of (AJAY TEWARI) JUDGE (JASGURPREET SINGH PURI) JUDGE June 19, 2020 raj arora Whether speaking/reasoned - Yes/No Whether reportable - Yes/No RAJ KUMAR ARORA 2020.06.19 17:41 I attest to the accuracy and integrity of this document