IN THE HIGH COURT OF PUNJAB AND HARYANA
CRWP No.354 of 2020
Date of Decision: 14.02.2020
DEEP GIR ……Petitioner
STATE OF PUNJAB AND ORS
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
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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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
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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order dated 11.03.2019 passed by respondent No.3 and direct
the competent authority to grant parole to the petitioner as per
February 14, 2020 (RAJ MOHAN SINGH)
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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