Jaspal Singh Alias Jassa v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 11.09.2025 JASPAL SINGH ALIAS JASSA ....Petitioner

Versus

STATE OF PUNJAB AND OTHERS ....Respondents CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Karandeep Singh Sandhu, Advocate for the petitioner. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1.

Petitioner has filed this petition under Articles 226/227 of Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 09.07.2025, Annexure P-1, passed by Deputy Commissioner-cum-District Magistrate, Moga, vide which, the application of the petitioner for grant of parole has been declined. 2.

Learned counsel for the petitioner inter alia contends that the petitioner moved an application seeking their temporary release (parole) for a period of 08 weeks as provided under The Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as 'the Act, 1962'), which was rejected in a mechanical manner on the ground that in case the petitioner is released on parole, he can indulge in smuggling of the psychotropic substances, vide Annexure P-1. Learned counsel for the petitioner further contends that there is no legislative mandate to reject the

-2case of the petitioner on this ground and further his case is squarely covered by the judgment passed by the Division Bench of this Court in CRWP-2329-2024 decided on 03.09.2024 titled as Mehtab vs. State of Haryana and submits that Division Bench of this Court has already considered the statutory provisions contained in the Act of 1962 and has concluded that apprehension of disruption of public peace and possibility of involvement of the convict in another crime cannot be a sole ground for denying him the concession of temporary release. 3.

Notice of motion.

4.

Mr. Amit Shukla, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondents-State and justifies the order passed by respondent No.2.

5.

Considering the peculiar facts and circumstances of the case and the judgment rendered by Division Bench of this Court in Mehtab vs. State of Haryana (supra), the impugned order dated 09.07.2025, Annexure P-1, passed by Deputy Commissioner-cum-District Magistrate, Moga, is hereby set aside, being unsustainable. 6.

The petitioner is ordered to be released on parole for a period of 08 weeks from 13.09.2025 and after completion of 08 weeks i.e. on 08.11.2025 at 5:00 pm, the petitioner shall surrender before the concerned jail authorities.

7.

Let a copy of this order be furnished to the learned State counsel for ensuring strict compliance.

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Needless to add, in the event the petitioner indulges in any criminal activity after being released on parole, this order shall not be a bar to the authorities to act as per law.

9.

Disposed of accordingly.

(RUPINDERJIT CHAHAL) 11.09.2025 JUDGE Mohit Bishnoi i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No