Sanjeev Kumar v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: September 16, 2022 Sanjeev Kumar

...Petitioner

Versus

State of Punjab and others

...Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Ms. Bhupinder Pal Kaur Brar, Advocate, for the petitioner.

Mr. J.S. Arora, DAG, Punjab.

SANJAY VASHISTH, J.

Prayer in this petition, filed under Article 226 of the Constitution of India, is for directing the respondents to consider and decide parole case of the petitioner, which is stated to be pending before respondent No. 3 - District Magistrate, Taran Tarn. Learned counsel for the petitioner submits that petitioner was arrested in case FIR No. 59, dated 12.06.2013, under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Goindwal Sahib, District Taran Tarn, and eventually convicted and sentenced to undergo imprisonment for 10 years. Presently, petitioner is undergoing sentence in Central Jail, Sri Goindwal Sahib.

Learned counsel further submits that on 20.05.2022, petitioner moved an application for grant of eight weeks parole, under

Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (as amended from time to time). Learned counsel also submitted that on 20.05.2022 itself, vide letter No. 1059, respondent No. 4 - Superintendent, Central Jail, Sri Goindwal Sahib, after recommending grant of eight weeks parole, forwarded the case of petitioner to respondent No. 3 - District Magistrate, Taran Tarn, as also to respondent No. 2 - Director General of Police, Jail Department, Punjab. Thereafter, despite repeated reminders from respondent No. 4, to the quarter concerned, there is no headway in the matter and parole case of the petitioner is still pending with respondent No. 3.

Learned counsel for the petitioner further submits that in the backdrop of aforementioned factual position, petitioner is compelled to file present petition and he (petitioner) would be satisfied if respondent No. 3 is directed to decide his parole case by passing a speaking order within two weeks.

Notice of motion.

On advance notice, Mr. J.S. Arora, Deputy Advocate General, Punjab, put in appearance and accepts notice on behalf of the respondents.

In view of clear stand of the petitioner, present petition can be disposed of without filing of any formal reply. Accordingly, respondent No. 3 - District Magistrate, Taran Tarn, is directed to decide parole case of the petitioner by passing a

speaking order, in accordance with law, within two weeks from receipt of a certified copy of this order.

Petition stands disposed of in the above terms. (SANJAY VASHISTH) JUDGE September 16, 2022 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO