NEERAJ MASIH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Reply on behalf of the respondents has been filed in Court today. The same is taken on record.

(2.) Present petition has been filed by the petitioner for setting-aside the order dated 13.08.2020 (Annexure P-5), whereby the prayer of the petitioner for the grant of parole has been rejected by the respondents on the ground that in case the petitioner will be released on parole, he will again indulge in the same activities.

(3.) Learned counsel for the petitioner submits that the police also did not recommend the case of the petitioner by raising an apprehension of breach of peace and maintenance of public order. Learned counsel for the petitioner further submits that the grounds which have been given for declining the benefit of parole in the impugned order dated 13.08.2020 (Annexure P-5), are totally arbitrary and are in fact without any basis. Learned counsel submits that the petitioner was granted the benefit of parole by this Court on 02.03.2020 as the petitioner had already undergone a sentence of 07 years and 11 months out of total sentence of 10 years as on 19.02.2020. Learned counsel for the petitioner submits that though, a heavy personal/surety bond was imposed upon the petitioner but the petitioner availed the parole for a period of 10 days and surrender to the authorities without there being any allegations, which have now been made as a ground to decline the benefit of parole. Learned counsel for the petitioner further submits that the apprehensions or the grounds which are to be raised for declining the parole, should be based upon some material and not the subjective opinion of the authorities.