Bikram Singh @ Rinku v. State Of Punjab And ORS.

--1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-20.08.2021 BIKRAM SINGH @ RINKU ...PETITIONER...

V.

STATE OF PUNJAB AND OTHERS ...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present: Mr. Anupam Bhanot, Advocate, for the petitioner.

Mr. IPS Doabia, Addl. A.G., Punjab.

**** SANT PARKASH, J.

(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) Prayer in this petition under Articles 226 and 227 of the Constitution of India read with Section 3 of Punjab Good Conduct Prisoner Temporary Release Act, 1988 (for short, "Act") is for issuance of direction to the respondents to release the petitioner on parole for a period of 03 weeks to attend the marriage of his real sister, which is fixed for 03.09.2021.

The petitioner was tried in FIR No.85, dated 16.04.2013, under Section 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Division A, Amritsar, and accordingly, he has been convicted and sentenced to undergo imprisonment for 12 years

--2-- vide judgment of conviction and order of sentence dated 14.03.2017. Against the judgment of conviction and order of sentence, petitioner filed an appeal before this Court, which is still pending admitted for final adjudication.

Learned counsel for the petitioner submits that the marriage of the real sister of the petitioner, namely, Kirandeep Kaur is fixed for 03.09.2021 with Dheeraj Singh and being brother, his presence is very much necessary to perform various ritual and ceremonies and to make necessary arrangements. Copy of the wedding card is annexed herewith as Annexure P-3. He further submits that the petitioner had already availed the concession of parole on two occasions for six weeks respectively and never misused it.

Learned State counsel has admitted the facts regarding the marriage of the sister of the petitioner and has no objection, if, the petitioner be released on parole, to enable him to attend the marriage of his real sister, which is fixed for 03.09.2021. Heard the arguments of learned counsel for the parties and have also perused the documents available on the file. Admittedly, the marriage of the sister of the petitioner is fixed for 03.09.2021 and the petitioner, being the brother, has to make the arrangements and perform certain important rituals/ceremonies in the marriage. Moreover, the petitioner is not involved in any other case except the present one and he has not misused the concession of parole granted earlier on two occasions by this Court.

--3-- In view of the above, the present petition is disposed of with a direction to respondent No.2-Superintendent Central Jail, Amritsar to release the petitioner on parole w.e.f. 01.09.2021 to 07.09.2021 to attend the marriage of his real sister, which is fixed for 03.09.2021, subject to his furnishing requisite bail bonds to the satisfaction of jail authorities.

The petitioner is directed to surrender before the Jail authorities on 08.09.2021 at 10:00 a.m. positively. A copy of this order be supplied to learned State counsel and be also sent to respondent No.2-Superintendent Central Jail, Amritsar for ensuring requisite compliance.

(JASWANT SINGH) (SANT PARKASH) JUDGE JUDGE 20.08.2021 sonika whether speaking/reasoned:

Yes/No whether reportable:

Yes/No