Yadwinder Singh Alias Nindi v. State Of Punjab

CRWP-10167-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-10167-2024 (O&M) Date of decision: October 21, 2024 Yadwinder Singh alias Nindi ....Petitioner versus State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner. Mr. Kuljit Singh, Additional AG Punjab.

***** SUDHIR SINGH, J. (ORAL) Present petition has been filed under Article 226/227 of the Constitution of India, inter alia, for issuance of a writ in the nature of Mandamus for directing respondents No.2 and 3 to extend parole of the petitioner, for a further period of 03 weeks.

2.

Learned counsel for the petitioner submits that the petitioner has been convicted and sentenced to undergo rigorous imprisonment for Life for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and to undergo rigorous imprisonment for 01 year for commission of offence punishable under Section 27 of the Arms Act, 1959 (for short 'Arms Act').

2.1.

Learned counsel submits that on 12.09.2024 (Annexure P-1), the petitioner had been granted parole and he was due to surrender back on 20.10.2024.

2.2.

Learned counsel further submits that during the aforesaid period of parole, the petitioner suffered ailment and was operated on 15.10.2024 (Annexure MAHAVIR SINGH 2024.10.24 09:46 I attest to the accuracy and authenticity of this order/ judgment

CRWP-10167-2024 (O&M) P-2), and is currently admitted in the Apex Hospital, Rampura Phull, District Bathinda.

3.

On the other hand, learned State counsel does not controvert the factum of granting parole to the petitioner, as aforesaid. He however, opposes the prayer of the petitioner for grant of extension of parole and submits that after availing parole, the petitioner was required to surrender back on 20.10.2024, but till date, he has not done so.

4.

We have heard learned counsel for the parties and perused the case file.

5.

Concededly, the petitioner was released on parole and was due to surrender back to the jail authorities on 20.10.2024. It seems that instead of surrendering back to the jail authorities on time, the petitioner has made up the entire story of his being admitted in the hospital due to some ailment. The case set up by the petitioner does not inspire any confidence and creates doubt on such act on the part of the petitioner. Till date, the petitioner has not surrendered back to the jail authorities.

6.

Accordingly, the present writ petition is dismissed. The petitioner is directed to surrender back to the jail authorities, forthwith. 7.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (JASJIT SINGH BEDI) JUDGE October 21, 2024 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2024.10.24 09:46 I attest to the accuracy and authenticity of this order/ judgment