Punjab-Haryana High Court
Palwinder Singh vs The State Of Punjab And Others on 13 August, 2010
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
Crl.Writ Petition No.1063 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Decided on: August 13, 2010.
Crl. Writ Petition No.1063 of 2010.
Palwinder Singh .
.. Petitioner
VERSUS
The State of Punjab and others.
. Respondents
***
PRESENT Mr.D.R.Trikha, Advocate,
for the petitioner.
Mr.P.S.Bajwa, DAG., Punjab.
***
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
M.M.S. BEDI, J. (ORAL)
Petitioner is undergoing sentence of imprisonment for a period of two years. After having been convicted for an offence under Section 15 NDPS Act, he has been denied the concession of parole on the ground that a report has been received from the Senior Superintendent of Police, Ferozepur that there is apprehension of breach of peace in the locality in case he is released on parole.
I have considered the facts and circumstances of this case. If a person jumps parole, he can be awarded jail ...1 Crl.Writ Petition No.1063 of 2010 punishment. So far as threat to the peace of the locality is concerned, it has been observed in case Balwan Singh Vs. State of Haryana and another, 1991(3), RCR (Crl.), Page121, that grant of parole can be refused if there is danger to security of State and not when there is law and order problem. Security of State is endangered by crimes of violence intended to overthrow the Government, waging of war and rebellion against Government. Minor breaches of public peace do not come under the term endangering security of State.
No doubt the conduct of petitioner of having absconded for 170 days after enjoying parole of four weeks is a negative circumstance sufficient enough to refuse the concession of parole but striking a balance between objects of parole and the right of the State to be vigilant about the peace in the society, I am of the opinion that in the present case of jumping of parole by the petitioner, stringent conditions can be imposed upon him and heavy bonds should be secured before releasing him on parole. Even otherwise, the period of detention suffered by him of about 3 years after the expiry of period of last parole, will have a deterrent affect on the petitioner not to jump parole in case granted to him. The object of parole is to release a prisoner temporarily in order to enable him to keep in touch with the society so that after his release from jail on completion of sentence, he is capable of adjusting himself in the society. During the period of parole though an accused has liberty, but remains under the vigilance of the State authorities and in case ...2 Crl.Writ Petition No.1063 of 2010 of violation of the conditions of parole, the concession can be withdrawn at any time.
The petition is allowed. The State authorities are directed to reconsider the case of the petitioner and grant him the concession of parole imposing stringent conditions to ensure that he does not jump parole.
Needful be done within a period of one week after the receipt of a copy of this order.
(M.M.S.BEDI) JUDGE August 13, 2010.
rka ...3