JASPAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for setting aside impugned order dated 6.2.2018 (Annexure P-4) passed by Superintendent, District Jail, Sangrur. A further prayer has also been made for issuing directions to the respondents to grant emergency parole to the petitioner for making necessary arrangements and performing necessary ceremonies of the marriage of his son, which is scheduled for 27.2.2018 in view of provisions of Section 3 (1) (b) of the Punjab Good Conduct Prisoners (Temporary Release), Act, 1962 (hereinafter referred to as 'the Act, 1962').

(2.) The petitioner was convicted and sentenced to undergo 10 years RI for an offence punishable under Section 22 of the NDPS Act vide judgment dated 8.12.2017 passed by the Judge, Special Court, Sangrur. Against the aforesaid judgment of conviction and order of sentence, the petitioner has filed criminal appeal before this Court, which is pending. The marriage of son of the petitioner is fixed for 27.2.2018. A written request for release on parole was made by the petitioner to the Superintendent, District Jail, Sangrur, which has been rejected/declined vide order dated 6.2.2018 on the ground that the petitioner can apply for parole only after undergoing four months of imprisonment in view of notification of Government of Punjab dated 23.10.2003.

(3.) Learned counsel for the petitioner contends that presence of the petitioner being father is required for performing certain ceremonies of the marriage of his son. Learned counsel further contends that the conduct of the petitioner remained satisfactory inside the jail and no complaint was there. Learned counsel also contends that the case of the petitioner is squarely covered by the judgment of Division Bench of this Court in case Gurpreet Singh v. State of Punjab and another 2012 (3) RCR (Criminal) 504 .