HARGURPREET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who stands convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 149 IPC, Section 307 read with Section 149 IPC and Section 25 of the Arms Act read with Section 149 IPC and sentenced to undergo imprisonment for twenty years, has filed the present petition under Articles 226/227 of the Constitution of India and Section 482 Cr.P.C. for issuance of directions to the respondents to release him on parole for six weeks so that he can meet his family members and look after his agricultural work. According to the petitioner, he has maintained good conduct in jail while undergoing the sentence of imprisonment imposed upon him. He is the first offender and except for the aforementioned case, he is not involved in any other case. After undergoing a period of four months as a convict in the aforementioned case, the petitioner sought his release on parole to meet his family members. Alongwith his request, the petitioner appended copy of the Panchayatnama (Annexure P-1) whereby the Panchayat recommended the case of the petitioner for four weeks parole and also stated that there would be no danger to the peace in the village in the event of the petitioner coming out on parole. The request of the petitioner for release on parole was forwarded by the Jail Superintendent to the higher authorities.

(2.) However, the Senior Superintendent of Police, Tarn Taran vide letter dated 22.7.2014 (Annexure P-2) did not recommend the release of the petitioner on parole. Accordingly, the State has rejected the claim of the petitioner for grant of parole.

(3.) Further case of the petitioner is that the father of the petitioner has since died whereas his mother is ill. His house is in bad shape. Even his agricultural land needs to be taken care of.