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GURDEV SINGH versus THE STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Gurdev Singh v. The State of Punjab - CRM-40151-M-2006 [2006] RD-P&H 12861 (19 December 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 40151-M of 2006.

Date of Decision: January 09, 2007.

Gurdev Singh

....Petitioner

through

Mr. A.S.Trikha, Advocate

Versus

The State of Punjab

...Respondent

through

Mr. B.S.Baath, AAG, Punjab.

CORAM:
HON'BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)

The prayer in this petition under Section 482 Cr.P.C. is to quash the order dated 12.6.2006 (Annexure P-1) whereby the District Magistrate, Sangrur has declined to recommend the case of the petitioner for his temporary release on parole. The petitioner also seeks a direction to the respondents to grant him four weeks' parole to get his house repaired.

Vide the aforementioned order (Annexure P-1), the District Magistrate, Sangrur has declined to recommend the petitioner's case for his release on parole on the ground that the two witnesses, who had deposed against him, namely, Chamkaur Singh and Uttam Singh apprehend danger at his hands and "there is also danger to the security of the State and public order".

The petitioner is a life convict under Section 302 IPC. Nothing is mentioned in the impugned order or in the written statement as to what kind of activities, cumulative effect of which might endanger security of the State, were being carried out by the petitioner in the past. Similarly, the apprehension of the witnesses who had deposed against the petitioner that if released on parole, he may harm them, also needs to be objectively reconsidered, especially in the light of the petitioner's behaviour while in jail.

In addition, if the the respondents decide to release petitioner on parole, he can be asked to execute adequate personal bonds and subjected to other conditions, like, compulsory reporting by him every day to the police station concerned or to the Sarpanch/Member of the Gram Panchayat or Chowkidar of the village. The authorities can also take such other effective steps as may be deemed appropriate to insulate confidence in the witnesses who had deposed against the petitioner.

It may be mentioned here that Gram Panchayat of village Lohgarh, District Sangrur vide resolution dated 16.1.2006 (Annexure P-2) has strongly recommended that the petitioner may be released on parole so that he can get his house repaired which is in dilapidated condition. The resolution aforementioned also reveals that the petitioner's wife and minor children are living in the village.

Consequently, and for the reasons aforementioned, this petition is allowed and the impugned order dated 12.6.2006 (Annexure P-1) is quashed with a direction to the District Magistrate, Sangrur to reconsider the whole issue objectively after getting the ground realities assessed and thereafter take a fresh decision with regard to recommendation to be made for the petitioner's temporary release on parole. The necessary action shall be taken within a period of one month from the date of receipt of a certified copy of this order.

Disposed of.

January 09, 2007. ( SURYA KANT )

dinesh JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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