AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Article 226/227 of the Constitution of India, challenging the impugned order dtd. 22/8/2022 (Annexure P-1) passed by District Magistrate, Kapurthala-Respondent No.3, vide which request of petitioner for temporary release to meet his family and taking care of family members under Sec. 3 (l)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act of 1962') has been rejected on the ground that there is danger to complainant party, and he can run away and there is apprehension to breach of peace on his coming on parole besides there can be a law and order situation.

(2.) A perusal of the paper book reveal that the petitioner is undergoing rigorous imprisonment for life with fine Rs.55,000.00 in default, RI for 2 years and 03 months in case FIR No. 167 dtd. 28/7/2013 under Ss. 302, 120-B, 148 of the Indian Penal code and Sec. 25 of Arms Act, registered at Police Station City Kapurthala, District, Kapurthala and the said conviction had been challenged vide appeal number CRA-D-694-DB of 2022, which is pending before this Court.

(3.) Upon notice of motion being issued on 23/9/2022, respondents No. 1 to 3 filed their reply way of an affidavit dtd. 3/1/2023, wherein it has been submitted that the request moved by the petitioner for grant of parole had been rejected on the ground that there is danger to complainant party and he can run away. Further stated that there is apprehension to breach of peace on his coming on parole besides an apprehension that there can be a law and order situation.