Dharaminder Singh v. State of Punjab & Ors.

CORAM : HON’BLE MR. JUSTICE ANUPINDE HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE ANUPINDE HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Mr. T.S.Sullar, Advocate, Present : Mr. T.S.Sullar, Advocate, for the petitioner. for the petitioner. Mr. A.S.Pannu, AAG, Punjab. Mr. A.S.Pannu, AAG, Punjab. *** ANUPINDER SINGH GREWAL, J. (Oral) ANUPINDER SINGH GREWAL, J. (Oral The petitioner has challenged the order dated 13.05.2024 The petitioner has challenged the order dated The petitioner has challenged the order dated (Annexure P-1) whereby his application for release on parole has been 1) whereby his application for release on parole has been rejected.

2. Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner has been convicted in FIR No.149 dated 09.07.2021 registered under convicted in FIR No.149 dated 09.07.2021 registered under Section 363 IPC and Section 4 of the POCSO Act, Police Station Canal Section 363 IPC and Section 4 of the POCSO Act, Police Station Canal Section 363 IPC and Section 4 of the POCSO Act, Police Station Canal rigorous imprisonment for 20 Colony and has been sentenced to undergo rigorous imprisonment for 20 Colony and has been he application of the petitioner for grant of parole has been he application of the petitioner for grant of parol years. The application of the petitioner for grant of parol on the ground that the victim resides in the erroneously rejected primarily on the ground that the victim resides in the erroneously rejected same street near street near the residence of the petitioner the residence of the petitioner. He further submits that besides the case wherein the petitioner has been convicted besides the case wherein the petitioner has been convicted, he is not involved in any other case. The petitioner has undergone an actual sentence involved in any other case. The petitioner has undergone an actual sentence involved in any other case. The petitioner has undergone an actual sentence 01 month and 18 days. of 3 years, 01 month and 18 days. VANDANA 2024.10.01 17:37 I attest to the accuracy and integrity of this document CRWP-8619-2024 2024 (O&M)

3. Learned State counsel while relying on the reply submits that Learned State counsel while relying on the reply submits that Learned State counsel while relying on the reply submits that the case of the petitioner had been rejected on the ground that the victim the case of the petitioner had been rejected on the ground that the v the case of the petitioner had been rejected on the ground that the v was residing in the same street but later report was called from the Station was residing in the same street but later report was called from the Station was residing in the same street but later report was called from the Station House Officer, Police Station Canal Colony House Officer, Police Station C anal Colony which was received on

14.09.2024 whereby reference has been made to the statement of the father 14.09.2024 whereby reference has been made to the statement of the father 14.09.2024 whereby reference has been made to the statement of the father married on 13.03.2024 and is currently of the victim that his daughter got married on 13.03.2024 and is currently of the victim that his daughter laws house in Hisar, Haryana. residing with her husband at her in-laws house in Hisar, Haryana. residing with her husband at her in

5. Heard. Heard. The petitioner has been convicted under Section The petitioner has been convicted under Section 363 IPC and Section 4 of the POCSO Act in FIR No.149 dated 09.07.2021 Section 4 of the POCSO Act 149 dated 09.07.2021 at Police Station Canal Colony, Canal Colony, Bathinda and sentenced and sentenced to undergo rigorous . He is stated to have undergone an imprisonment for a period of 20 years. He is stated to have undergone an imprisonment for a period of 20 years actual sentence of over 03 years. actual sentence of over 03 years.

6. The case of the petitioner for release on parole has been The case of the petitioner for release on parole has been The case of the petitioner for release on parole has been rejected primarily victim resides in the same locality. primarily on the ground that the victim resides in the same locality. However, as mentioned in the reply that the victim is married and residing However, as mentioned in the reply that the victim is However, as mentioned in the reply that the victim is with her husband in Haryana, therefore we do not find with her husband in Haryana, we do not find any impediment in the release of the petitioner on parole. We do not find any substance in the the release of the petitioner on parole. We do no the release of the petitioner on parole. We do no other grounds of rejection which include that the petitioner would be threat other grounds of rejection which include that the petitioner would be threat other grounds of rejection which include that the petitioner would be threat tate’s security and maintenance of public order as well as the to society, state’s security and maintenance of public order as well as the tate’s security and maintenance of public order as well as the Lok Sabha elections. The Lok Sabha elections had been concluded since Lok Sabha elections. The Lok Sabha elections had Lok Sabha elections. The Lok Sabha elections had There is no material to indicate that as to how the release of the long. There is no material to indicate that as to how the release of the There is no material to indicate that as to how the release of the petitioner who is a convict in a sole case would a petitioner who is a convict in a sole case would affect the State’s security The parole is a valuable right which is a and maintenance of public order. The parole is a valuable right which is a and maintenance of public order. significant step p towards reformation of the accused. ion of the accused. It is necessary for the to maintain his contact with the society which would facilitate his convict to maintain his contact with the society which would facilitate his to maintain his contact with the society which would facilitate his VANDANA 2024.10.01 17:37 I attest to the accuracy and integrity of this document CRWP-8619-2024 2024 (O&M) reformation as a responsible citizen at the time of his release after reformation as a responsible citizen at the time of his release after reformation as a responsible citizen at the time of his release after completion of sentence. The impugned order is clearly completion of sentence. The impugned order is clearly unsustainable and deserves to be set aside. deserves to be set aside.

7. Consequently, the petition is allowed and impugned order Consequently, the petition is allowed and impugned order Consequently, the petition is allowed and impugned order dated 13.05.2024 (Annexure P-1) is set aside. dated 13.05.2024 (Annexure P is set aside. The petitioner would be released on parole for a period of six weeks subject to his furnishing released on parole for a period of six weeks subject to his furnishing released on parole for a period of six weeks subject to his furnishing necessary surety bonds to the satisfaction of the competent authority and on necessary surety bonds to the satisfaction of the competent authority and on necessary surety bonds to the satisfaction of the competent authority and on expiry of 06 weeks, he shall surrender to the concerned jail. expiry of 06 weeks, he shall surrender to the concerned jail. expiry of 06 weeks, he shall surrender to the concerned jail. (ANUPINDER SINGH GREWAL) (ANUPINDER SINGH GREWAL) JUDGE JUDGE (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE , 2024 October 01, 2024 vandana Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable : Whether reportable : Yes/No Yes/No VANDANA 2024.10.01 17:37 I attest to the accuracy and integrity of this document