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Deep Gir vs State Of Punjab And Ors on 14 February, 2020

CRWP-354-2020 1

229
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRWP No.354 of 2020
Date of Decision: 14.02.2020

DEEP GIR ……Petitioner

Vs

STATE OF PUNJAB AND ORS
….Respondents

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Ms. Bhupinder Pal Kaur Brar, Advocate and
Mr. Rajpreet Singh Brar, Advocate
for the petitioner.

Mr. J.S. Ghumman, D.A.G., Punjab.

****

RAJ MOHAN SINGH, J. (Oral)

Petitioner has preferred this petition against the order

dated 11.03.2019 passed by respondent No.3 vide which

release of the petitioner for six weeks parole was rejected on

the ground that there is apprehension of breach of peace and

public tranquility.

Reply filed by way of affidavit of Balwinder Singh, PPS

Superintendent, District Jail, Sangrur on behalf of respondents

No.1 to 4 in Court is taken on record.

Petitioner was convicted in FIR No.119 dated

27.09.2016 registered under Sections 377 IPC and 3/4 of the

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CRWP-354-2020 2

Protection of Children from Sexual Offences Act, 2012

registered at Police Station Moonak.

Learned counsel for the petitioner submitted that the

apprehension shown by respondent No.3 is non-existent as the

Gram Panchayat has given panchayatnama in fvavour the

petitioner showing that there is no apprehension or danger of

security of the State and breach of peace in the area, if the

petitioner is granted parole for meeting his old parents and to

take care of them.

Learned counsel relied upon order dated 08.05.2017

passed in CRWP No.64 of 2017 titled ‘Sagar Kumar vs. State

of Punjab and others’ by the Division Bench of this Court in

similar circumstances.

As per custody certificate filed by learned State

counsel, petitioner has undergone 03 years 08 months 03 days

of actual sentence as on 13.02.2020. Petitioner is not involved

in any other case.

Petitioner is not a hardcore prisoner. In the facts and

circumstances of the case, it cannot be appreciated that the

release of the petitioner would in any case disturb any peace

and public tranquility of the area.

In view of ratio of Sagar Kumar vs. State of Punjab’s

case (supra), I deem it appropriate to set aside the impugned

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CRWP-354-2020 3

order dated 11.03.2019 passed by respondent No.3 and direct

the competent authority to grant parole to the petitioner as per

norms.

Ordered accordingly.

February 14, 2020 (RAJ MOHAN SINGH)
Atik JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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