Supreme Court - Daily Orders
Harpreet Singh vs The State Of Punjab on 24 July, 2023
Bench: Abhay S. Oka, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2084 OF 2023
(Arising out of S.L.P.(Crl.) No.7719 of 2023)
HARPREET SINGH ... APPELLANT(S)
VS.
STATE OF PUNJAB & ORS. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent-State of Punjab.
We have perused the provisions of the Repatriation of the Prisoners Act, 2003 and a copy of the Transfer of Sentenced Persons Agreement between the Government of India and the Government of United Kingdom. After having perused the clause (2) of Article 10 thereof, we find that there is a power vesting in Union of India even to grant pardon, amnesty or commutation of sentence in accordance with the laws prevailing in India. We do not see any prohibition on grant of parole to the appellant on valid and lawful grounds.
Parole was sought by the appellant on the ground Signature Not Verified that his marriage was scheduled to be solemnized on 5th Digitally signed by Anita Malhotra Date: 2023.07.26 17:04:57 IST Reason: December, 2021. The prayer was rejected by the High Court.
1 We, therefore, permit the appellant to make a fresh application for grant of parole on the same ground by placing all necessary documents on record.
If such application is made, the first respondent shall consider the same immediately after consulting the Union of India, in the light of what we have observed in this order.
The appeal is accordingly disposed of.
..........................J. (ABHAY S.OKA) ..........................J. (SANJAY KAROL) NEW DELHI;
July 24, 2023.
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ITEM NO.46 COURT NO.11 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7719/2023
(Arising out of impugned final judgment and order dated 14-12-2021 in CRLWP No. 664/2021 passed by the High Court of Punjab & Haryana at Chandigarh) HARPREET SINGH Petitioner(s) VERSUS STATE OF PUNJAB & ORS. Respondent(s) (IA No. 103060/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 24-07-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Rajiv Kataria, Adv.
Ms. Debjani Das Purkayastha, Adv. For M/S. Delhi Law Chambers, AOR For Respondent(s) Ms. Sugandh Rathore, Adv.
Mr. Karan Sharma, AOR Mr. Ajay Pal, AOR Mr. Rishabh Sharma, Adv. Mr. Mayank Dhaiya, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 3