MAHAMMAD SHEHBAZ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this criminal writ petition filed under Article 226 of the Constitution, is to the order dtd. 12/7/2021 (Annexure P-1), whereby the claim of the petitioner for grant of 6 weeks parole under the Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962, has been rejected.

(2.) Perusal of the impugned order would go on to show that in spite of noticing the observations of the Coordinate Bench in CRM-M-340132009 titled Varun @ Gullu vs. State of Haryana and others (decided on 26/4/2010) that request for release on parole or furlough could not be rejected in a mechanical manner on the ground of apprehension of breach of peace and to decline the request for temporary release by specifying endanger to the security of the State or public order. The authority in question has done the same in violation of the observations made. The same was only on account of the fact that there was report of Senior Superintendent of Police, Sangrur on account of involvement of the petitioner in FIR No.27 dtd. 29/3/2018 under Ss. 302, 120-B and 201 IPC at Police Station Sandaur and is guilty in a heinous crime. His release on parole was held to be dangerous for the opposite party and may cause loss of life and property to complainant and endanger the security of the Nation.

(3.) It is not dispute that the conviction was recorded way back on 13/3/2020 and the petitioner is in custody after the lodging of the FIR since 6/4/2018. As per the custody certificate dated 04/5/7/2022, he has not been released on parole even for a single day. As per the said custody certificate, the petitioner has undergone 4 years, 2 months and 27 days of actual imprisonment.