Gursewak Singh Baggi v. State Of Punjab
CRM-M-11494-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-11494-2024 (O&M) Date of Order: 28.11.2024 Gursewak Singh Baggi ... Petitioner(s)
Versus
State of Punjab
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Ranwant Singh, Advocate for the petitioner(s).
Mr. Jasjit Singh, DAG, Punjab.
*** ANOOP CHITKARA, J.
1.
Seeking temporary parole of six weeks, the petitioner-accused has come up before this Court under Articles 226/227 of the Constitution of India read with Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and the Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963, on account of death of his father who expired on 24.11.2024. However, during arguments, counsel for the petitioner has confined his prayer for grant of parole for two weeks only. 2.
Notices served upon the official respondents through the State's counsel. 3.
Counsel for the State, on instructions from ASI Santokh Singh, does not dispute the factum of death of father of the petitioner, however, he submits that the petitioner may abscond or indulge in illegal activities if released on parole. 4.
Upon this, counsel for the petitioner submits that the petitioner undertakes that during the period of his parole, he shall not abscond or indulge in any illegal activity and shall surrender back to the prison on or before the date and time so given. 5.
In the facts and circumstances of the present case, let the concerned Superintendent of Jail, Faridkot consider and decide the representation dated 26.11.2024 (Annexure P-4) filed by the petitioner before him, for grant of parole by tomorrow i.e. 29.11.2024, by passing a speaking and reasoned order and consider petitioner's release on parole without any delay at least from 30.11.2024 to 9.12.2024 on the surety bond(s) to its satisfaction, if required. In case he finds that the petitioner ASHWANI KUMAR 2024.11.28 15:22 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRM-M-11494-2024 is not entitled for grant of parole, he shall give reasons for the same and it shall be permissible for the petitioner to challenge the said order in this Court on 2.12.2024. 5.
There would be no need for a certified copy of this order, and any Advocate for the Petitioner/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court/Jail Superintendent can also verify its authenticity and may download and use the downloaded copy for immediate use, if required. 6.
Petition is allowed with aforesaid observations. (ANOOP CHITKARA) JUDGE November 28, 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2024.11.28 15:22 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh