Punjab-Haryana High Court
Sagar vs Union Territory And Others on 4 December, 2020
Author: Jaswant Singh
Bench: Jaswant Singh
CRWP-10009-2020 --1--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-10009-2020
DATE OF DECISION:-04.12.2020
SAGAR ...PETITIONER...
V.
UNION TERRITORY, CHANDIGARH
AND ORS. ...RESPONDENTS...
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
HON'BLE MR. JUSTICE SANT PARKASH
Present: Mr. Naveen Sharma, Advocate for the petitioner.
Mr. Anil Kumar Lamdharia, Addl. Public Prosecutor
for UT., Chandigarh.
****
SANT PARKASH, J.
(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) Prayer in this petition is for directing the respondents to release the petitioner for 08 weeks parole to enable him to meet his family members and perform conjugal rights. With further prayer to quash the impugned order dated 21.04.2020 (Annexure P-1), whereby the application for grant of parole has been dismissed.
The petitioner was tried in FIR No.22 dated 09.02.2016, under Sections 398, 324, 341 read with Section 34 IPC, Police Station Sector 11, Chandigarh and accordingly, he has been convicted and sentenced for 10 years rigorous imprisonment vide judgment and order dated 20.03.2017. Against the judgment of conviction and order of sentence, petitioner filed an appeal before this Court, which is still pending admitted for final adjudication.
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CRWP-10009-2020 --2--
Learned counsel for respondent-UT has filed custody certificate of the petitioner. The same is taken on record.
Perusal of custody certificate reveals that number of cases were/are pending against the petitioner, the details of which are as under:-
Sr. Case No. Offence No. 1 FIR No.95 of 2013, Police Station Sector 11, U/s 324/34 IPC Chandigarh 2 FIR No.117 of 2014, Police Station Sector 11, U/s 392/34 IPC Chandigarh 3 FIR No.25 dated 09.02.2016, U/s 392 IPC
Police Station Sector 36, Chandigarh 4 FIR No.23 dated 09.02.2016, U/s 392 read with 34 Police Station Sector 11, Chandigarh IPC 5 FIR No.534 dated 15.11.2015, U/s 395 IPC Police Station Sector 34, Chandigarh 6 FIR No.253 dated 15.06.2015, U/s 392 read 34/411 Police Station Sector 11, Chandigarh IPC 7 FIR No.325 of 2014, Police Station Sector 39, U/s 411 IPC Chandigarh 8 FIR No.378 dated 12.09.2014, Police Station U/s 473, 411/34 IPC Sector 11, Chandigarh 9 FIR No.164 dated 11.09.2014, Police Station U/s 379/411 IPC Sector 19, Chandigarh 10 FIR No.323 dated 31.10.2015, Police Station U/s 379/356/411 IPC Sector 31, Chandigarh 11 FIR No.28 dated 20.01.2015, Police Station U/s 411 IPC Sector 11, Chandigarh 12 FIR No.619 dated 28.12.2015, Police Station U/s 411 IPC Sector 34, Chandigarh 13 FIR No.68 dated 17.08.2017, Police Station U/s 20 of NDPS Act Sector 49, Chandigarh 14 FIR No.244 dated 23.06.2015, Police Station U/s 379/411 IPC Sector 39, Chandigarh 15 FIR No.24 dated 29.02.2016, Police Station U/s 411 IPC Sarangpur, Chandigarh 16 FIR No.159 dated 11.09.2014, Police Station U/s 379/411 IPC Sector 19, Chandigarh 17 FIR No.42 of 2014, Police Station Sector 39 , U/s 379/411 IPC Chandigarh 18 FIR No.278 dated 10.07.2015, Police Station U/s 379/411 IPC Sector 39, Chandigarh 2 of 3 ::: Downloaded on - 06-02-2021 23:56:00 ::: CRWP-10009-2020 --3--
19 FIR No.405 dated 28.09.2015, Police Station U/s 379/411 IPC Sector 39, Chandigarh 20 FIR No.12 dated 09.02.2016, Police Station U/s 382 IPC Sector 49 , Chandigarh 21 FIR No.184 dated 14.05.2015, Police Station U/s 379/411 IPC Sector 39, Chandigarh 22 FIR No.469 of 2015, Police Station Sector 11 , U/s 379 IPC Chandigarh 23 DDR No.62 of 2015, Police Station Sector 11, U/s 107/151 Cr.P.C. Chandigarh From the order dated 21.04.2020 (Annexure P-1), it is evidently clear that the appropriate authority has considered all the facts and has rightly observed that the petitioner, if released on parole would be potential danger to the society.
The apprehension of the concerned authority is well founded that if the concession of parole is granted to the petitioner, he would certainly indulge himself in any other criminal activity.
Moreover, the ground taken in the petition i.e. meeting with the family members and to perform conjugal rights does not appeal to logic at all and cannot be said to be justifiable ground for granting the concession of parole.
In view of the above, we do not find any merit in the instant petition and same is accordingly dismissed.
(JASWANT SINGH) (SANT PARKASH)
JUDGE JUDGE
04.12.2020
sonika
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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