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High Court of Punjab and HaryanaCRWP/774/2017disposed of

Kuldeep Singh v. State Of Punjab And ANR

2017-08-01Mr. Justice Krishna Murari,Mr. Justice Jaspal Singh2 pages

CRWP-774-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-774-2017.

Decided on: August 1, 2017.

Kuldeep Singh .. Petitioner(s)

VERSUS

State of Punjab and others.

.. Respondent(s) * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.J.S.Bains, Advocate, for the petitioner.

Mr.Sidakmeet Singh Sandhu, Asstt. A.G. Punjab. M.M.S. BEDI, J. (ORAL) Reply filed. Copy given.

Petitioner, through the instant petition, under Article 226 of the Constitution of India, seeks a direction to respondent No.1 to consider his case for parole as applied for on 24.3.2015. In the reply filed by the officiating Superintendent, Central Jail, Amritsar, on behalf of respondent Nos.1 and 2, it has been averred that the case of the petitioner for parole has been rejected vide order dated 21.6.2016, Annexure R1/T, on the basis of the statement of Lovepreet Singh son of the petitioner to the effect that as they have decided to seek bail as such, application for parole be rejected. Raj Kumar Arora 2017.08.02 12:07 I attest to the accuracy and integrity of this document

CRWP-774-2017 Counsel for the petitioner submits that he had never instructed his son to withdraw the request for grant of parole. We have taken into consideration the circumstances in which the application for parole filed by the petitioner has been declined on the basis of the statement of his son. The statement, if any, made by the son of the petitioner appears to be not binding on the right of the petitioner to seek concession of parole in case he fulfils all the legal eligibility conditions.

In view of peculiar circumstances of this case, we dispose of this petition with a direction that the claim of the petitioner for parole will be reconsidered by the District Magistrate, Amritsar, irrespective of any statement made by his son Lovepreet Singh waiving the claim of the petitioner for release on parole. It will be appreciated in case the decision is taken independently, on merits within a period of one month after the receipt of a copy of this order.

(M.M.S. BEDI) JUDGE August 1, 2017.

(AUGUSTINE GEORGE MASIH) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable:

Yes / No Raj Kumar Arora 2017.08.02 12:07 I attest to the accuracy and integrity of this document