Dat State of Punja f Punjab and others SUS v. itioner
Case Details
1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA DIGARH NJAB AND HARYANA 145 Singh Gurdev Singh CRWP-8351-2025 , 2025 Date of Decision: August 01, 2025 Dat State of Punja f Punjab and others SUS VERSUS itioner .....Petitioner .....Responden ondents CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE HA HARPREET SINGH BRAR Present : Ms. Poonam Singh Thakur, Adv r, Advocate for the petitioner. Mr. Subhash Godara, Addl. AG, **** l. AG, Punjab. HARPREET REET SINGH BRAR, J. (Oral) 1. The present petition has been p 6/227 een preferred under Section 226/227 of the Consti Constitution of India read with Sectio nduct Section 3(1)(d) of the Good Conduct Prisoners (Te ers (Temporary Release) Act, 1962 a unjab 962 and Section 27(2)(3) of Punjab Jail Manual o nual of Prisoners Act 1894 read with A ion of with Article 21 of the Constitution of India, for see for seeking 30 days’ parole to the petiti e petitioner on medical grounds. 2. Learned counsel for the petit s that petitioner inter alia contends that earlier also also the petitioner was released o 25 to sed on parole from 10.01.2025 to 08.03.2025 of 025 under Section 3(1)(d) of soners the Good Conduct Prisoners th (Temporary R orary Release) Act, 1962 by the Depu t Jail, Deputy Superintendent, District Jail, Sri Mukstsa ukstsar Sahib. Thereafter, the healt tioner health condition of the petitioner deteriorated, rated, which necessitate for filing CRW re this g CRWP No.2238 of 2025 before this Court, for ex for extension of his parole. She fur ly the he further contends that initially the petitioner wa ner was granted 29 days of extensio urt on xtension of parole by this Court on 06.03.2025. S 025. She further contends that the pet le for he petitioner be released on parole for PUNEET CHAWLA 2025.08.02 14:14 I attest to the accuracy and integrity of this document 2 another thirty days on medical grounds, as the health condition of the petitioner is deteriorating. 3. Learned State counsel on the other hand submits that the petitioner has surpassed the order passed by this Court on 28.05.2025 in CRWP-8679 of 2024, ‘Gurdev Singh Versus State of Punjab and others’ and submits that the petitioner has filed the similar petition earlier also for the same cause of action. He further submits that the petitioner is not able to demonstrate any genuine circumstances, which requires immediate intervention. 4. A perusal of the office report of this Court reads as under:- “It is pertinent to mention here that during the scrutiny of the above mentioned parole it came to the notice of the undersigned that the petitioner has already filed CRWP-5120- 2025 which was duplicate of CRWP-8679-2024 which was pending during the listing of CRWP-5120-2025. The dealing assistant of DDR made a note regarding the duplimacy CRWP- 5120-2025 which was listed along with the CRWP-8679-2025 on 28.05.2025 and vide orders dated 28.05.2025 the same CRWP-8679-2025 was dismissed where the duplicate case i.e. CRWP-5120 of 2025 still stands pending as per the case status on Mozilla and after the decision of the same both the case (CRWP-8679 of 2024 were sent to the RKJ Branch.The matching report has been flagged at Flag A. It is pertinent to mention here that the same petitioner has filed one more CRWP parole seeking same relief with mentioning from this Hon’ble Court bearing number CRWP-8351-2025, since this case has been filed through mentioning from this Hon’ble Court since this case has been filed through mentioning from this Hon’ble Court, it is required to be listed before the Hon’ble Bench. PUNEET CHAWLA 2025.08.02 14:14 I attest to the accuracy and integrity of this document 3 The above mentioned facts may be brought to the kind notice of the Hon’ble Bench during the time of the hearing of the Hon’ble Bench” 5. I have heard the learned counsel for the petitioner as well as the State Counsel. 6. It clearly appears that the petitioner is filing repeated petitions only to stay out of the prison. The order dated 04.04.2025 passed in CRWP-2238-2025 reads as under:- “The present petition has been filed under Articles 226/227 of the Constitution of India read with Section 3(1)(d) of the Good Conduct Prisoners (Temporary Release) Act, 1962 and Section 27(2)(3) of Punjab Jail Manual of Prisons Act, 1894 read with Article 21 of the Constitution of India for extension of 20 days more parole for the petitioner. Learned counsel for the petitioner wishes to withdraw the present petition and submits that the petitioner pursuant to availing interim bail has got his treatment and now, he is in a position to surrender before the jail authorities. In view of the above, the present petition is disposed of, however, the petitioner is directed to surrender before the jail authorities within a period of three days from today.” 7. Thereafter, the petitioner preferred CRWP-8679-2024, which was also withdrawn on 28.05.2025, which reads as under:- “3. Instant criminal writ petition has been filed under Article 226 of the Constitution of India seeking issuance of direction to respondent No.4 to initiate the case for releasing the petitioner on parole for a period of eight weeks to enable him to meet his family members and look after household affairs and further to direct respondents No.1 to 3 to consider his parole case. PUNEET CHAWLA 2025.08.02 14:14 I attest to the accuracy and integrity of this document 4 4. Learned counsel for the petitioner submits that parole case of the petitioner has already been initiated and is under consideration of the concerned authorities. 5. In view of the above, present petition is dismissed as withdrawn.” 8. In view of the circumstances of the case, this Court finds no ground to issue any directions for the release of the petitioner for 30 days, as the petitioner is continuously relying upon his ill health condition by filing repeated petitions on the same cause of action, for which he has already been granted parole/relief. Consequently, the present petition stands dismissed being replicate. Pending miscellaneous applications, if any, also stand disposed 9. of. (HARPREET SINGH BRAR) JUDGE August 01, 2025 P.C Whether speaking/reasoned. : Yes/No Yes/No Whether Reportable. : PUNEET CHAWLA 2025.08.02 14:14 I attest to the accuracy and integrity of this document