Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail – Parity -- High Court proceeded to grant bail to the respondent No. 2 only for the reason that identically placed co-accused persons had already been granted bail -- Order granting bail to the co-accused met with its strong disapproval by Supreme Court – High Court granted bail to the co-accused while ignoring the relevant considerations and with a mere reference to the mandate of Article 21 -- Impugned order set aside.

(SC) Decided on : 23.09.2022

Article 226 -- Parole – Criminal writ petition -- On earlier parole, petitioner surrendered back on time and was not involved in any criminal activity – Present parole rejected -- It is disturbing that once a particular set of reasons have been specifically rejected by Court, the SSP has mentioned same reasons again -- 6 weeks' parole granted to the petitioner -- Respondent No.4 to file personal affidavit as to why identically same reasons were stated when first set of reasons had been rejected by High Court.

(P&H HC) Decided on: 20.07.2021

Article 226 -- Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3, 4 – Parole – Rejection of – Speaking order – Requirement of -- Impugned order rejecting parole merely states that in case prisoner is released on parole, he might help smugglers and there is threat to peace and security of the State – Held said order is non-speaking in nature – Order set aside and case remitted to the same authority for decision afresh after affording opportunity of hearing to the parties -- Petitioner shall be at liberty to cite judgments he seeks to place reliance upon.

(P&H HC) Decided on: 05.07.2021

Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Interim protection -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to 30th June, 2021, shall stand extended till 30th of June, 2021 -- However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter.

(P&H HC) Decided on: 28.04.2021

Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Interim bail -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – All the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(P&H HC) Decided on: 28.04.2021

Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 41A -- Cognizable offence – Arrest in -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. -- This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus.

(P&H HC) Decided on: 28.04.2021

Article 226 -- Parole – Marriage of relative – Conviction in NDPS case – Relative whose marriage is statedly fixed is not very closely related to the petitioner, Court not inclined to pass any order to allow emergency parole -- However, in the interest of justice, the petitioner ordered to be sent to the venue of the marriage in custody.

(P&H HC) Decided on: 09.03.2021

Article 226, 227 – Parole – Sickness of mother -- Habitual offender – Petitioner involved in other cases -- Medical history of the mother of the petitioner indicates that she is a chronic patient of liver disease and jaundice and was also diagnosed as case of severe urinary track infection -- Taking into account seriousness of disease, the Doctor has suggested good family care and treatment to save her life -- Petitioner granted eight weeks parole.

(P&H HC) Decided on: 18.02.2021