RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Resham Singh - petitioner, who is undergoing imprisonment for life in FIR No.253 dtd. 20/9/2009 under Ss. 201/302 registered at Police Station Baragudha, District Sirsa has filed the instant petition under Article 226 of the Constitution of India praying for his release on parole for four weeks to attend the marriage of his son. He is also convicted and sentenced for ten years in FIR No.108 dtd. 19/7/1998 under Sec. 18 of the NDPS Act registered at Police Station Baragudha, District Sirsa.

(2.) Learned counsel for the petitioner has contended that marriage of the son of the Petitioner is fixed for 6/2/2019. It is stated that though the case of the petitioner was initiated for release on parole. However, before the release warrants could be issued, it was noticed by the Authorities that the petitioner was not eligible for parole as he had committed a 'prison offence' regarding which FIR No.235 dtd. 12/10/2018 under Sec. 22 of the NDPS Act was registered at Police Station city Faridkot. Reference was made to the Instructions contained in the communication dtd. 17/9/2002 from the office of Additional Director General of Police (Jails), Punjab, wherein, it is mentioned "If any convict commits a prison offence then his conduct will not be supposed to be good for a year from the date of commission of offence and no recommendation will be made for his parole release at least for 06 months from the date of commission of his prison offence."

(3.) Learned counsel for the petitioner contends that he has already availed parole for more than 18 occasions and never misused the concession.