DEEPAK @ SUNNY @ DEEPAK LADHAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondent No.2 to decide the parole case of the petitioner expeditiously.

(2.) Learned counsel for the petitioner, inter alia, contends that vide judgment of conviction dtd. 25/7/2023 passed by learned Judge, Special Court Kapurthala, the petitioner was convicted in FIR No.85 dtd. 1/12/2014 under Sec. 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Begowal, District Kapurthala and vide order of sentence of even date, he was sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.1.00 lakhs along with default mechanism. Thereafter, the petitioner filed an appeal before this Court, which stands admitted on 16/11/2023. It is further contended that on 6/12/2023, the petitioner submitted an application for grant of parole before the Jail Superintendent, Central Jail, Kapurthala (Annexure P-3), which was forwarded to respondent No.2-District Magistrate, Kapurthala vide letter dtd. 13/12/2023 (Annexure P-4). Thereafter, respondent No.2 sought report from respondent No.3-Senior Superintendent of Police, Kapurthala to verify the parole case of the petitioner and as per panchayatnama furnished by panchayat of village of the petitioner, they have no objection, in case the petitioner is released on parole. After that, a period of more than 01 year has lapsed since submission of application for grant of parole and till date, no decision has been taken by respondent No.2 and more than 06 months have passed since parole case of the petitioner was forwarded by respondent No.4 to the office of respondent No.2 and till date, no information with regard to status of parole case of the petitioner has been provided by the jail authorities.

(3.) Per contra, learned State counsel submits that the issue involved in the present case would be decided expeditiously, if the petitioner is found eligible for temporary release under Sec. 3 of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act') and further, if the petitioner has maintained good conduct during the period of his incarceration.