LAKHVIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Learned counsel for the State has filed reply by way of affidavit of Sh. Rajiv Kumar Arora, PPS Superintendent, Borstal Jail, Ludhiana on behalf of respondents No. 1 and 3. The reply is taken on record.

(2.) Heard learned counsel for the parties. The criminal writ petition has been filed by Lakhvir Singh @ Lakhi, petitioner seeking emergency parole for the marriage of his real elder brother, which is to be solemnized on 27.11.2016. The petitioner has been convicted in case FIR No. 41 dated 02.07.2008 registered at Police Station Behram, District Nawanshahr for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC'- for short). He remained as an under trial prisoner for nine months and five days then he was released on bail by the learned Chief Judicial Magistrate on 19.05.2009. He was then convicted by the Juvenile Justice Board, Sahid Bahagat Singh Nagar. His conviction was upheld by the learned Sessions Judge on 15.06.2016. He has been sent to the 'Observation Home' for a period of three years, where he is at present confined.

(3.) The marriage of the real brother of the petitioner is to be solemnized on 27.11.2016. The mother of the petitioner namely Sukhwinder Kaur wife of Mehanga Singh filed an application (Annexure P-1) on 01.11.2016 addressed to the Superintendent, Borstal Jail, Ludhiana for grant of parole to her son i.e. the petitioner for 15 days. The marriage card (Annexure P-2) regarding marriage of Kulbir Singh Jallan, the elder brother of the petitioner, has been placed on record.