Gurjit Singh Alias Bau v. State Of Punjab And Another

2024:PHHC:000153-DB CRWP-12378-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

CRWP-12378-2023 (O&M) Date of decision: January 04, 2024 Gurjit Singh @ Bau ....Petitioner versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. V.P. Singh Rathore, Advocate for petitioner. Mr. Dhruv Dayal, Additional AG Punjab.

***** SUDHIR SINGH, J. (ORAL) Petition herein is, inter alia, for issuance of a writ in the nature of Mandamus for directing the respondent authorities to release the petitioner on eight weeks' parole, particularly despite the petitioner is stated to be already undergone more than five years of imprisonment, the respondent authorities are, allegedly, not allowing him to move an application seeking parole, regardless that the respectable members of the concerned village including the present Sarpanch and Numberdar are stated to have given an undertaking to the concerned authorities (Annexure P-3) to the effect that there is no apprehension or likelihood of the petitioner's misusing the grant of concession of parole. 2.

At the outset, learned counsel for the petitioner submits that petitioner may be granted an opportunity to move an appropriate application before the concerned authorities for redressal of his grievance. 3.

On the other hand, learned State counsel appears and submits that in case, petitioner moves an appropriate application, the same shall be considered and decided by the competent authority, in accordance with law. MAHAVIR SINGH 2024.01.10 14:28 I attest to the accuracy and authenticity of this order/ judgment Punjab and Haryana High Court, Chandigarh

2024:PHHC:000153-DB CRWP-12378-2023 (O&M) 4.

We have heard learned counsel for the parties and gone through the record.

5.

Considering the nature of relief being sought in the present writ petition as well as aforesaid submissions of learned counsel for both the parties, instant writ petition is disposed of with a direction to the petitioner to file an appropriate application before the competent authority/ respondent No.2 for redressal of his grievance, who shall consider and decide the same, in accordance with law, within a period of 04 weeks from the date of receipt of copy of this order.

6.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE January 04, 2024 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2024.01.10 14:28 I attest to the accuracy and authenticity of this order/ judgment Punjab and Haryana High Court, Chandigarh