PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT petition has been preferred by Pargat Singh -petitioner under Article 226 of Constitution of India, seeking quashing/setting aside the letter issued vide endorsement dated July 24, 2014 by the office of District Magistrate, Tarn Taran to the office of Director General of Police (Prisons), Punjab whereby the release of petitioner on parole for four weeks under the provisions of The Punjab Good Conduct Prisoner's (Temprorary Release) Act 1962 (for short 'Act') has not been recommended .

(2.) UNDISPUTABLY , petitioner was convicted vide judgment of conviction dated June 03, 2006 passed by learned trial Court in case FIR No. 78 dated April 22, 2005 under Sections 302, 364 and 120 -B IPC read with Sections 34 IPC and 201 IPC and sentenced to undergo imprisonment for life ; besides payment of fine. An appeal i.e. CRA No. D -963 -DB of 2006 preferred by petitioner challenging his conviction and sentence awarded to him vide judgment of conviction and order of sentence dated June 03, 2006 has since been dismissed by a Division Bench of this Court vide judgment dated December 01, 2012 upholding the judgment passed by learned trial Court.

(3.) IN the year 2014 when the petitioner was lodged in Central Jail, Ferozepur, he applied for parole for four weeks before Superintendent of Jail, Ferozepur. The said case was sent to respondent No.3 for report and recommendation, who further sent the same to Senior Superintendent of Police, Tarn Taran who vide his letter No. 25280/B dated July 19, 2014 submitted its report to District Magistrate, Tarn Taran whereby, parole was not recommended and ultimately parole was declined by observing that there is danger to maintenance of public law and order and there is an apprehension of breach of peace and he may jump the parole. Aggrieved against the said order instant petition has been preferred.