Ranjit Singh @ Bittu v. State Of Punjab And Others

--1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-21.12.2020 RANJIT SINGH @ BITTU ...PETITIONER...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present: Mr.Brijesh Nandan, 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 is for setting aside impugned order dated 10.04.2020 (Annexure P-3) passed by respondent No.2, whereby the application for grant of parole has been dismissed. With further prayer to release the petitioner for 08 weeks parole. The petitioner was tried in FIR No.65 dated 14.06.2014, under Section 21-61-85 of NDPS Act, 1985, Police Station Chohla Sahib, District Tarn Taran and accordingly, he has been convicted and sentenced for 12 years rigorous imprisonment vide judgment and order dated 15.02.2018. Against the judgment of conviction and order of sentence, petitioner filed an appeal before this Court, which is still

--2-- pending admitted for final adjudication.

Learned State counsel has filed reply by way of an affidavit of Mr. Arshdeep Singh Gill, Superintendent Central Jail, Amritsar on behalf of respondents No.1 and 3. The same is taken on record. Perusal of reply reveals that number of cases were/are pending against the petitioner, the details of which are as under:- Sr.

No.

Case No.

Offence FIR No.67 of 2018, Police Station Islamabad, Tarn Taran U/s 42, 52-A Prison Act FIR No.64 of 2017, Police Station Sadar Tarn Taran U/s 25, 54, 59 of Arms Act FIR No.89 of 2016, Police Station Sadar Tarn Taran U/s 21, 61, 85 of NDPS Act FIR No.69, 2017, Police Station Sadar Tarn Taran U/s 307 IPC FIR No.91 dated 04.06.2000, Police Station City Tarn Taran U/s 61, 1, 14 Excise Act FIR No.32 dated 02.04.1999, Police Station City Tarn Taran U/s 61, 1, 14 Excise Act FIR No.258 dated 18.10.2002 Police Station City Tarn Taran U/s 61, 1, 14 Excise Act FIR No.108 dated 11.06.2003 Police Station City Tarn Taran U/s 61, 1, 14 Excise Act From the order dated 10.04.2020 (Annexure P-3), it is evidently clear that the appropriate authority has considered all the facts and has rightly observed that the petitioner, if released on parole would be threat to peace and security of State and maintenance of public order.

The apprehension of the concerned authority is well founded that if the concession of parole is granted to the petitioner, there is every apprehension that he would indulge himself in the similar activity and would abscond. Moreover, the name of petitioner

--3-- figures in the list of smuggler (B) category. In view of the above, we do not find any merit in the instant petition and same is accordingly dismissed.

(JASWANT SINGH) (SANT PARKASH) JUDGE JUDGE 21.12.2020 sonika whether speaking/reasoned:

Yes/No whether reportable:

Yes/No