Punjab-Haryana High Court
Rajiv @ Raja vs State Of Punjab And Ors on 24 September, 2021
Equivalent citations: AIRONLINE 2021 P AND H 1074
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CRWP-6798-2020(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Writ Petition No.6798 of 2020(O&M)
Date of decision: September 24, 2021
Rajiv @ Raja ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM:HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Sapan Dhir, Advocate
for the petitioner.
Mr. Karanvir Singh, AAG, Punjab.
***
HARINDER SINGH SIDHU, J.
The present petition has been filed seeking directions to the respondents to release the petitioner on parole for one month to enable him to get married as his marriage is stated to be fixed by his family members for 25.09.2021. The further prayer is to quash the order dated 20.07.2020 whereby application of the petitioner for release on parole has been rejected.
The petitioner was convicted and sentenced to life imprisonment by the judgment and order dated 22.01.2011 of the Ld. Additional Sessions Judge, Ludhiana in case FIR No.133 dated 12.05.2006 under Sections 364/302/380/381/404/34 IPC, Police Station Division No.5, Ludhiana. The appeal (CRA-D-445-DB-2011) of the petitioner was dismissed by this Court vide judgment dated 26.02.2015. Presently, he is lodged in Maximum Security Jail, Nabha.
It is the case of the petitioner that he has already undergone 1 of 7 ::: Downloaded on - 24-09-2021 23:56:07 ::: CRWP-6798-2020(O&M) 2 more than 13 years of actual sentence and more than 15 years including remissions. He has not been granted parole even once. He is suffering from fits of aggression and severe depression, for which he is taking treatment. He was taken to Civil Hospital, Sangrur, Government Rajindra Medical College and Hospital, Patiala as well as Mental Hospital, Amritsar and he was examined by a Board of Doctors as well, which submitted their reports dated 30.10.2017, 17.11.2017 and 16.11.2017 before this Court in earlier petitions.
The State has filed reply in the form of affidavit of Ramandeep Singh Bhangu, PPS, Superintendent, Maximum Security Jail, Nabha. In the affidavit details of the earlier cases initiated for the release of the petitioner on parole have been mentioned.
Lastly, the petitioner had sought his release on parole for 8 weeks to meet his family. This case was initiated on 25.06.2020. The enquiry in this regard was got conducted through Commissioner Police, Ludhiana. The Commissioner submitted his report. The relevant part thereof reads thus:
"An inquiry regarding above subject has been got conducted from Addl. Deputy Commissioner of Police-1, Ludhiana and from his inquiry it is found that inmate Rajiv Kumar @ Raja s/o Sh. Ram Pal r/o H. No.1049, Mohalla Tajganj, PS Division No. 3, Ludhiana is undergoing life imprisonment in FIR No.133/06 under Sections 302/364/380/381/404/34 IPC registered at Police Station Division No.5, Ludhiana at District Jail, Nabha. There are 34 FIRs pertaining to different offences for heinous crimes registered against inmate Rajiv Kumar @ Raja and this inmate
2 of 7 ::: Downloaded on - 24-09-2021 23:56:08 ::: CRWP-6798-2020(O&M) 3 had absconded twice from police custody and is a hardened accused. There can be danger to peace, law and order and State Security upon the temporary release (parole) of inmate Rajiv Kumar @ Raja. Therefore local police does not recommend for the same.
By agreeing with the above report, the temporary release of inmate Rajiv Kumar @ Raja s/o Sh. Ram Pal r/o H. No. 1049, Mohalla Tajganj, PS Division No. 3, Ludhiana, is not recommended."
Based thereon the District Magistrate passed order dated 10.09.2020 rejecting the parole case of the petitioner which he has impugned in the present petition.
The details of the cases against the petitioner and the two cases in which he absconded were mentioned in the order dated 16.08.2019 of the District Magistrate, Ludhiana, whereby his earlier application seeking parole to perform his marriage had been rejected. In that order it had been mentioned that there were 23 cases of various categories registered against him, out of which in 12 cases he has been convicted. He has been facing life imprisonment in one case. The details of the 23 cases which have been registered against the petitioner are as follows:-
Sr. No. Cases Present status 1 FIR No.63 dated 21-04-2003 U/s Sentenced by the Ld. Court of
379, 411 IPC PS Division No.3 Ms. Palwinderjit Kaur JMIC Ludhiana Ludhiana on 17-10-2007 2 FIR No.68 dated 27-07-2005 U/s Acquitted by the Ld. Court of 307, 302, 460, 459 IPC PS Sh. S.K. Arora ASJ Ludhiana Division No.3 Ludhiana on 08-11-2011 3 of 7 ::: Downloaded on - 24-09-2021 23:56:08 ::: CRWP-6798-2020(O&M) 4 3 FIR No.48 dated 22-07-2005 U/s Undergone by the Ld. Court of 307, 34 IPC, 24 A. Act PS Madam Smt. Lakhwinder Kaur Division No.3 Ludhiana. Pannu ASJ Ludhiana in year 2011.
4 FIR No.180 dated 25-04-2009 Produce in the Ld. Court on U/s 365, 394, 395, 120B IPC, 25 01-02-2010. A. Act PS Sector 5 Panchkula.
5 FIR No.39 dated 20-04-2009 U/s Acquitted by the Ld. Court 382, 34 IPC PS Division No.7 Jalandhar.
6 FIR No.142 dated 08-04-2009 Acquitted by the Ld. Court of U/s 392, 25 A. Act PS Division Amardeep Singh JMIC No.6 Jalandhar. Jalandhar on 23-05-2016.
7 FIR No.169 dated 06-06-2009 Sentenced to Life
U/s 307, 398, 420, 467, 471 IPC, Imprisonment, Fine Rs.01 Lakh
25 A. Act PS Sadar Kurukshetra- by the Ld. Court of Ms. Ranjna
Haryana Ompal JMIC Kurukshetra on
08-08-2013.
8 FIR No.88 dated 23-04-2015 U/s Acquitted by the Ld. Court of
52A Prison Act PS City Sangrur. Smt. Deepika CJM Sangrur on 12-10-2017.
9 FIR No.08 dated 21-01-2015 U/s Sentenced and Fine Rs.2000/-
399, 402, 412, 473 IPC, 25 A. in U/s 413 IPC by the Ld.
Act PS City Rajpura District Court of Sh. Sandeep Singh
Patiala. Johal ASJ Patiala.
10 FIR No.142 dated 30-05-2015 One year sentenced Fine
U/s 353, 186, 506 IPC, 52 A Rs.500/- by the Ld. Court of Prison Act PS City Sangrur. Smt. Arushi Goyal JMIC Sangrur on 26-03-2018.
11 FIR No.28 dated 06-04-2014 U/s Produced in the Ld. Court on 399, 402, 412, 473 IPC, 25 A. 11-06-2014.
Act PS Banur.
12 FIR No.131 dated 29-07-2011 Sentenced to 06 Months U/s 325, 34 IPC PS Kotwali undergone by the Ld. Court of Nabha Smt. Munisha Jain JMIC Patiala on 15-03-2012.
13 FIR No.150 dated 27-08-2011 Sentenced to 06 Months U/s 323, 341, 506, 34 IPC PS undergone by the Ld. Court of Kotwali Nabha. Smt. Munisha Jain JMIC Patiala on 15-03-2012 4 of 7 ::: Downloaded on - 24-09-2021 23:56:08 ::: CRWP-6798-2020(O&M) 5 14 FIR No.235 dated 27-05-2009 Sentenced to 07 years, Fine U/s 395, 397, 457, 365, 368, 342, Rs.2000/- by the Ld. Court of 34 IPC PS Sector 34 Priti Sahani JMIC Chandigarh Chandigarh. on 16-07-2011.
15 FIR No.68 dated 23-04-2009 U/s Order to sentenced by the Ld. 382, 34 IPC PS Dhaliwal Court of Sh. Amit Kumar Garg District Gurdaspur. JMIC Gurdaspur on 24-09- 2010 16 FIR No.31 dated 29-01-2009 U/s Sentenced on 22-08-2009 224, 225, 307, 383, 186, 34 IPC PS Sadar Bathinda 17 FIR No.44/14 U/s 382, 365, 411 Under consideration IPC PS Sadar Khanna 18 FIR No.29/14 U/s 395, 392, 336, Under investigation 223, 224 IPC, 25 A. Act PS More 19 FIR No.133 dated 12-05-2006 Sentenced to Life U/s 302, 364, 380, 381, 404, 34 imprisonment, Fine IPC PS Division No.5 Ludhiana. 5000/5000/- in u/s 302 IPC and sentenced to 10/10 years, Fine Rs.2000/2000/- in u/s 364 IPC by the Ld. Court of Sh.
Mohammad Gulzar ASJ,
Ludhiana on 22-01-2011.
20 FIR No.114 dated 12-10-2017 Under consideration
U/s 307, 482, 34 IPC, 25 A. Act,
22-61-85 NDPS Act PS Hariana
District Hoshiarpur.
21 FIR No.247, dated 31-07-2017 Under consideration
U/s 52A Prison Act PS City
Sangrur.
22 FIR No.31 dated 29-01-2009 U/s Sentenced to 05 Years and Fine
224, 225, 307, 353, 332, 333,
186, 34 IPC, 25 A. Act PS City
Barnala.
23 FIR No.65 dated 10-04-2009 U/s Sentenced to 05 Years
457, 380 IPC, 25 A. Act PS undergone and sentenced One Model Town Ludhiana. year 04 Months.
It was further stated that the petitioner had fled away from 5 of 7 ::: Downloaded on - 24-09-2021 23:56:08 ::: CRWP-6798-2020(O&M) 6 police custody 02 times. He escaped the police custody when his accomplice Jai Pal son of Bhupinder Singh resident of Ferozepur attacked the police party on 29.01.2009. In this context, a case was registered against him i.e. case No.31 dated 29.01.2009 at police station Barnala. In that case, the petitioner has been sentenced to 05 years imprisonment and fine of Rs.2000/-. After escaping from Barnala Bus stand, the petitioner broke into Ajit Gun house in District Hoshiaprur at night and stole 72 weapons from there, regarding which FIR No.65 dated 10.04.2009 U/s 457, 380 IPC and 25/54/59 Arms Act was registered at PS Model Town Hoshiarpur.
It was further stated that the petitioner once again escaped the police custody with the help of his friends in Mour Mandi District Bathinda. In this context, a case was registered at police station Mour Mandi. After his escape there are 15 more cases that have been registered against him in different police stations.
It was stated that the petitioner is a dangerous gangster. If he gets parole for marriage he would definitely make wrong use of his privilege and could run away and create law and order problem for the country and security of the nation.
The petitioner had assailed that order by filing CWP No.32160 of 2019. In that petition he had further prayed that he be granted four weeks parole to enable him to look after his old aged father.
The said writ petition was dismissed. The Court observed that there was no error in the order dated 16.08.2019. It was further observed that the petitioner does not deserve the benefit of temporary release.
Considering the facts and circumstances as also the fact that 6 of 7 ::: Downloaded on - 24-09-2021 23:56:08 ::: CRWP-6798-2020(O&M) 7 the earlier petition filed by the petitioner for parole on the same ground of his marriage, was not accepted by this Court, the stand taken by the respondents to not release the petitioner on parole, cannot be said to be unjustified.
Hence, the petition is dismissed.
September 24, 2021 (HARINDER SINGH SIDHU)
gian JUDGE
Whether Speaking / Reasoned Yes
Whether Reportable Yes / No
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