JASPAL SINGH @ JASSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal writ petition has been filed under Article 226 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), wrongly mentioned as 'BNS', read with Sec. 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act') seeking release of the petitioner on parole for a period of six weeks to meet his family members.

(2.) Learned counsel for the petitioner contends that in a case arising out of FIR No.73 dtd. 18/6/2020 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Talwandi Bhai, District Ferozepur, the petitioner was convicted and sentenced by learned Judge, Special Court, Ferozepur vide judgment of conviction and order of sentence dtd. 1/5/2024 to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1.00 lakh along with default mechanism. As per custody certificate dtd. 7/7/2025, the petitioner has undergone actual sentence of 01 year, 08 months and 24 days. He further contends that on 16/9/2024, the petitioner had filed an application under the provisions of Sec. 3(1)(d) of the Act seeking temporary release on parole for eight weeks. However, almost 10 months have passed but no action has been taken on the said application, which is in violation of fundamental rights of the petitioner enshrined under Article 21 of the Constitution of India. It is further contended that the petitioner is a married person, having two children. Moreover, his mother is suffering from various age related ailments and he has filed the said application to provide emotional support and care to her. Learned counsel for the petitioner relies upon two judgments passed by the Division Bench of this Court in Joginder Singh Vs. State of Punjab, CRWP7506-2020 and Mahammad Shehbaz Vs. State of Punjab and others, 2022 (3) Law Herald (P&H) 2100 and submits that case of the petitioner is squarely covered by the said judgments.

(3.) Notice of motion.