High Court of Punjab and HaryanaCRWP/7978/2020disposed of

Jaswinder Singh Dosanjh v. State Of Punjab And Others

2020-10-06Mr. Justice Harnaresh Singh Gill3 pages

-1In the High Court of Punjab and Haryana at Chandigarh Criminal Writ Petition No. 7978 of 2020 (O&M) Date of Decision: 06.10.2020 Jaswinder Singh Dosanjh ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Ms. Bandana Trikha, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J.

(ORAL) Case is taken up for hearing through video conferencing. CRM-W-982-2020 The application is allowed as prayed for.

CRWP-7978-2020 This petition has been filed under Article 226 of the Constitution of India for issuance of direction to Superintendent, Central Jail, Ferozepur to extend the parole of the petitioner on medical ground. In the present case, the petitioner has been convicted for life imprisonment with minimum term of 23 years by the Central Criminal Court, London. His sentence was reduced to life imprisonment with minimum term of 21 years by the Court of Appeal Criminal Division, Royal Courts of Justice Strand, London and under the Prison Transfer Agreement between India and U.K. Act, 2005, the petitioner has been transferred to

-2India. The petitioner has applied for parole and he was granted one month parole and he is to report back to Superintendent, Central Jail, Ferozepur on 10.10.2020.

Learned counsel for the petitioner submits that vide Annexure P-7, the panchayat of the village has also recommended the further extension of parole to the petitioner on medical emergency as his father Baldev Singh, aged 73 years, has undergone backbone surgery and there is no one in the family to look after him. Learned counsel further submits that the mother of the petitioner has also undergone a back-ache surgery. Notice of motion to State-respondents No. 1 to 3 only. On the asking of the Court, Mr. Dhruv Dayal, Sr. DAG, Punjab accepts notice on behalf of the State. He has pointed out that vide communication dated 21.8.2020, received from Ministry of Home Affairs, Govt. of India, it has been informed that they have received a communication from the Government of United Kindom that it is not the practice in United Kingdom to release the prisoners on parole and it has come to their notice that once they are released on parole in India, they contact the family of the victim and are active on whatsapp group which has to be restricted.

I have heard the learned counsel for the petitioner as well the learned State counsel.

The petitioner is already on parole on medical ground. Keeping in view the medical status of his parents, the parole granted to the petitioner on medical ground is extended uptil 28.10.2020. The petitioner would report back to the Superintendent, Central Jail, Ferozepur on 28.10.2020 at 3.00 P.M. It is made clear that in case the petitioner does not surrender on

-328.10.2020, coercive action shall be taken against him. The petition stands disposed of.

(HARNARESH SINGH GILL) JUDGE October 06, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No