Jasdeep Kaur v. State Of Punjab And ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Writ Petition No.1658 of 2016 .....

Date of decision:12.1.2017 Jasdeep Kaur

...Petitioner

v.

State of Punjab and others

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. H.S. Rakhra, Advocate for the petitioner. Mr. Deep Singh, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this criminal writ petition under Article 226 of the Constitution of India for the grant of emergency parole to the husband of the petitioner, namely, Sarabjit Singh, who is presently undergoing sentence in case FIR No.108 dated 26.6.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act') at Police Station Chamkaur Sahib, District Rupnagar, on account of the marriage of the brother of the petitioner as the presence of husband of the petitioner is essential before and after the marriage for performing the necessary customs and rituals. It has further been prayed for grant of parole for at least 20 days, keeping in view the above said facts.

Harpal Singh Parmar 2017.01.17 17:13 I attest to the accuracy and authenticity of this document Chandigarh

Cr. W.P. No.1658 of 2016 [2] Notice of motion was issued in this case.

Mr. Deep Singh, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this criminal writ petition.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. From the record, I find that the present petitioner Jasdeep Kaur, who is wife of Sarabjit Singh, is asking for the emergency parole for Sarabjit Singh to attend the marriage of his brother-in-law. The presence of Sarabjit Singh in the marriage of his brother-in-law is not essential/ necessary. Therefore, there are no reasonable/sufficient grounds to release Sarabjit Singh on emergency parole for 20 days. Consequently, finding no merit in this petition, the same is dismissed.

January 12, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.01.17 17:13 I attest to the accuracy and authenticity of this document Chandigarh