Gurdeep Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Criminal Writ Petition No. 6160 of 2021 (O&M) Date of Decision: 09.07.2021 Gurdeep Singh .......... Petitioner

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH

Present:

Mr. Bikramjeet Singh Jatana, Advocate for the petitioner.

[ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] **** JASWANT SINGH, J. (ORAL) By filing the present petition, the petitioner - Gurdeep Singh, is seeking for directions to the respondents to release him on parole for eight (08) weeks in order to take care and surgery of eyes of his old aged parents as per provisions of Sections 3 & 4 of the Punjab Good Conduct Prisoners (Temporary Release) Amendment Act, 2015. The petitioner stands convicted for an offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo life imprisonment vide judgment of conviction / order of sentence dated 06/07.12.2019 passed by the learned Additional Sessions Judge, Mansa. Against the said judgment of conviction and order of sentence, the petitioner filed an appeal before this Court, which is still pending admitted for final adjudication.

C.R.W.P. No. 6160 of 2021 (O&M) -2It is averred that the mother of the petitioner, namely, Jarnail Kaur, had approached before the Superintendent of Jail, Central Jail Bathinda, District Bathinda (respondent No. 4) for grant of parole (two months) to the petitioner vide application dated 20.01.2021 (Annexure P-1) on the ground to get conduct surgery of their eyes, as she and her husband - Meet Singh have lost their eyesight. But no action has been taken on the said application dated 20.01.2021 (P-1) as yet.

The petitioner had also approached before the authorities below to grant him parole but he has never granted the relief of parole by the respondents.

After arguing for some time, when the Court was not inclined to grant the parole to the petitioner, counsel for the petitioner restricts his prayer qua issuance of directions to the appropriate authority to pass an order on the above said application dated 20.01.2021 (P-1) seeking parole of the petitioner on the stated grounds. Mr. I.P.S. Doabia, Additional Advocate General, Punjab, who appears on advance notice, concedes that an order is required to be passed on the aforesaid application dated 20.01.2021 (P-1) one way or the other, therefore, has no objection if the directions be issued to the competent authority to pass an order on the said application. In view of above, present petition is disposed of with a direction to the competent authority to pass an order on the application

C.R.W.P. No. 6160 of 2021 (O&M) -3dated 20.01.2021 (P-1) of Jarnail Kaur (mother of the petitioner) seeking to release the petitioner on parole, in accordance with law as early as possible.

( JASWANT SINGH ) JUDGE July 09, 2021 ( SANT PARKASH ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No