Punjab-Haryana High Court
Harkinder Singh @ Mangi vs State Of Punjab And Others on 9 December, 2022
Author: Ritu Bahri
Bench: Ritu Bahri
CRWP No.8970 of 2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP No.8970 of 2022
Date of decision: 09.12.2022
Harkinder Singh @ Mangi ...Petitioner
Vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Nandan Jindal, Advocate,
for the petitioner.
Ms. Ishma Randhawa, Addl. A.G., Punjab.
***
Ritu Bahri, J. (Oral)
This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. and Section 3 (1) (c) & (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act') is for quashing of the impugned order dated 09.11.2021 (Annexure P-1) passed by respondent No.4 and to release the petitioner on parole for eight (08) weeks to enable him to meet his son.
The petitioner was convicted in case FIR No.131 dated 26.10.2018, under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station, Sirhind, District Fatehgarh Sahib and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.2,00,000/-.
Learned counsel for the petitioner states that the petitioner wants to meet his son, who was born in the year 2019 when he was in custody. The petitoner has not meet him even once.
As per status report dated 31.10.2022, filed by the Superintendent, New District Jail, Nabha, the petitioner is also involved in other csaes i.e. FIR 1 of 2 ::: Downloaded on - 10-12-2022 09:46:06 ::: CRWP No.8970 of 2022 -2- No.110/2016, under Sections 384/506/120-B IPC, registered as Police Station, Payal and FIR No.54 dated 07.06.2013, under Sections 15, 29 of NDPS Act, registered at Police Station, Mukandpur. It is further stated that after receiving the adverse comments from the office of Senior Superintendent of Police, Shaheed Bhagat Singh Nagar, vide letter dated 09.11.2021 (Annexure R-2/T), application for parole has been registered. There is apprehension that if, the petitioner is released on parole, he will commit another crime.
Learned State counsel stated that initially, the petitioner was convicted in the year 2013 and thereafter, when his sentence was suspended in the year 2018, he committed another offence under the NDPS Act.
In the present case, the petitioner is seeking parole only to meet his own son, who was born in the year 2019, as he has not met him since his birth.
Keeping in view the above fact, impugned order dated 09.11.2021 (Annexure P-1) is set aside and a direction is given to the respondents to release the petitioner on parole in order to meet his son, aged about 03 years, for a period of two weeks on furnishing of necessary bonds and sureties to the satisfaction of the District Magistrate concerned. The date of release and surrender shall be noticed by the releasing authority.
Writ petition stands allowed accordingly.
(RITU BAHRI) JUDGE (MANISHA BATRA) 09.12.2022 JUDGE ajp Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 10-12-2022 09:46:07 :::