JIYA LAL Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) Instant petition has been preferred by Jiya Lal-petitioner under Article 226 of Constitution of India, seeking quashing/setting aside the impugned order dated February 23, 2015 (Annexure P-4) passed by respondent No.1 whereby, parole case of petitioner has been rejected with further prayer for grant of parole to him for 28 days under the provisions of The Punjab Good Conduct Prisoner's (Temprorary Release) Act 1962 (for short 'Act').

(2.) Learned counsel for the petitioner contended that declining of parole on the ground that there is every possibility or likelihood of committing of theft or robbery by the petitioner in case he is released on parole is not a cogent and convincing ground. Moreover, in the case in hand the Gram Sabha, Saidpur has already furnished its report fruitful to the petitioner. Even otherwise, petitioner is first offender and has never availed any parole or furlough after the date of dismissal of his appeal. The impugned order is not sustainable in the eyes of law and deserves to be set aside.

(3.) On the other hand, learned counsel for UT Chandigarh has contended that request of petitioner for release him on parole has been declined by the competent authority on the basis of report of District Magistrate, Amethi (UP) and Superintendent of Police, Amethi (UP), as the release of petitioner endangers the security of State and maintenance of public order. The impugned order is legal, valid and inconsonance with the provisions of Act.