LAKHWINDER SINGHLAKHALAKHVIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition filed under Article 226/227 of the Constitution of India, prayer has been made for quashing of impugned order dtd. 13/5/2022 passed by respondent No.2, whereby, grant of parole to the petitioner by invoking Sec. 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short, "the Act"), so as to meet his old parents, has been declined.

(2.) Very briefly, petitioner was arrayed as accused in FIR No.49 dtd. 10/5/2019, under Ss. 489-A, 489-B, 489-C and 489-D IPC, registered at Police Station Badhni Kalan, District Moga and he was convicted and sentenced to undergo RI for 10 years vide judgment dtd. 7/9/2021 passed by the court of learned Sessions Judge, Moga. Thereafter, petitioner applied for 08 weeks parole before jail authorities invoking Sec. 3(1) (d) of the Act, so as to meet his family members and to look after his household affairs, but the aforesaid prayer stands declined vide order dtd. 13/5/2022 passed by the court of District Magistrate, Moga, based on report given by the Senior Superintendent of Police, Moga, by recording that the grant of parole to petitioner shall cause danger to the peace for the residents of village Badhni Kalan, District Moga as he is involved in 04 other cases.

(3.) Learned counsel for the petitioner submits that neither in the impugned order dtd. 13/5/2022; nor in its written reply, State has mentioned about any material so as to substantiate the plea of danger to the peace of residents of the village. He further submits that there is nothing adverse or against the conduct and behavior of the petitioner in the jail.