Punjab-Haryana High Court
Brij Ashok Arora vs State Of Punjab And Ors on 13 February, 2015
Author: Lisa Gill
Bench: Lisa Gill
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRWP No.1573 of 2014
DATE OF DECISION : 13.02.2015
Brij Ashok Arora ..... Petitioner
Vs.
State of Punjab & others .....Respondents
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present :-Mr. Sandeep Arora, Advocate
for the petitioner.
Mr.Varun Sharma, Addl. A.G., Punjab.
***
LISA GILL, J.
Petitioner in this petition, has challenged the denial of parole to him vide order dated 06.02.2014 (Annexure P-5). He was convicted and sentenced to undergo rigorous imprisonment for 15 years besides pay a fine of Rs.1,25,000/- and in default undergo rigorous imprisonment for 1 ½ years for the offence punishable under Section 23 NDPS Act. He was also convicted in another case as mentioned in the reply filed on behalf of respondents No.1 and 3.
Learned Counsel for the petitioner submits that parole could not have been denied to him on the ground that he is likely to jump parole. The said order is not in consonance with Section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as the 'Act'). POOJA SHARMA 2015.02.19 10:20 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRWP No.1573 of 2014 -2 Learned counsel for the State vehemently opposes this petition. While admitting that there is no mention of the grounds for denial as mentioned in Section 6 of the Act, it is vehemently argued that the petitioner is likely to jump parole, therefore, he is not entitled for the concession.
Section 6 of the Act reads as under :-
"Prisoner not entitled to be released in certain cases - Notwithstanding anything contained in Sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, the State Government or any officer authorized by it in this behalf is satisfied that his release is likely to endanger the security of the State Government or the maintenance of public order."
In view of the facts and circumstances of the case, order dated 06.02.2014 denying parole to the petitioner is not sustainable and the same is set aside with a direction to the respondents- authorities to re-consider the matter and pass an order afresh in accordance with law, after taking into consideration the entire facts and circumstances of the case, within a period of two months from the receipt of a certified copy of this order.
13.02.2015 ( LISA GILL )
Pooja Sharma-I JUDGE
POOJA SHARMA
2015.02.19 10:20
I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh