MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CRWP Nos. 11659 and 11856 of 2023, which are taken up together for hearing and adjudication at request and with consent of learned counsel for parties as petitioners in both the writ petitions are co-convicts in the matter arising out of FIR No. 1 dtd. 2/8/2018. Petitioners have been convicted for the offences punishable under Ss. 302, 326, 324, 323, 34 IPC by learned Additional Sessions Judge, Ferozepur vide judgment dtd. 21/1/2023 and sentenced to imprisonment for life.

(2.) Vide order dtd. 20/9/2023 passed by District Magistrate, Ferozepur, request for parole by petitioner - Mohinder Singh son of Sh. Dara Singh (in CRWP-11659-2023) was rejected and similar request by his real brother petitioner - Balbir Singh son of Dara Singh (in CRWP-11856-2023) was also declined vide separate order. Aggrieved therefrom, present petitions have been filed.

(3.) Learned counsel for petitioner(s) submit that District Magistrate has arbitrarily rejected the prayer for parole vide impugned orders without taking into account all facts and circumstances of the case and has infact proceeded in violation of settled principles. Petitioners, it is submitted, are entitled to parole in terms of applicable provisions of Punjab Good Conduct of Prisoners (Temporary Release) Act, 1962 and there is no impediment to grant thereof. Both the petitioners have undergone over six to seven years of imprisonment having been in custody since the year 2018. It is, thus, prayed that present petitions be allowed.