Jeevan Singh v. State Of Punjab And ORS

It would be worthwhile to refe fer to the judgment of Division his Court in Kulwinder Singh @ @ Taina vs. State of Punjab Bench of th and others , CRWP-5395-2023, decided on n 06.05.2024, the relevant paras of the same read thus:

"12. As per impugned on the report of Seni Ferozepur, it is observ released on temporary smuggling of narcotics during parole. On this rejected by District Ma impugned order dated Such mere apprehensio rejection of application f order dated 10.04.2023 based ior Superintendent of Police, ved that in case petitioner is y parole, he can indulge in s and he may also abscond basis, prayer for parole was gistrate, Ferozepur by passing 10.04.2023 (Annexure P-2).

on is not a valid ground for filed by petitioner seeking PARVEEN KUMAR 2026.04.02 19:16 I attest to the accuracy and integrity of this order/judgment.

parole. Affidavit filed by Deputy Superintendent of Police, Zira and impugned order dated 10.04.2023 Annexure P-2 do not come to the aid of the State justifying denial of parole to petitioner. Consideration of the question whether release of petitioner on parole is likely to endanger security of State or maintenance of public order has clearly not been carried out by the competent authority. Cogent material to indicate the same rather than mere registration of various cases has to be available.

13. Considering the aforesaid facts and circumstances, impugned order dated 10.04.2023, Annexure P-2, passed by District Magistrate, Ferozepur is set aside being unsustainable, with further direction to District Magistrate, Ferozepur to reconsider the application filed by petitioner seeking parole in the light of aforesaid provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and discussion as above, within a period of four weeks of receipt of certified copy of the order.

14. Petition is accordingly disposed of.

15. Pending miscellaneous applications, if any, stand disposed of accordingly."

3.

Learned State counsel, despite best efforts, has not been able to controvert as regards the factual position and draw out any distinctive aspects in the aforementioned decision or cite any contrary law. 4.

In view of the peculiar facts and circumstances of the case and the judgment referred to above, the present petition is allowed and the order dated The petitioner is ordered to be released on parole for a period of 8 weeks from the date of his release, subject to furnishing the bail/ surety bonds to the satisfaction of the concerned CJM/Duty Magistrate/Illaqa Magistrate. PARVEEN KUMAR 2026.04.02 19:16 I attest to the accuracy and integrity of this order/judgment.