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(2020) Law Today Live Doc. Id. 15472 = 2020 L.A.R. (e-Suppl.) 1407
Decided on: 09.10.2020
Present:
Mr. Anantdeep Singh Sandhu, Advocate for the Petitioner.
Mr. H.S. Grewal, Additional Advocate General, Punjab.
Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3, 4 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 21, 25, 29 -- Arms Act, 1959 (54 of 1959), Section 25 -- Parole to meet family members -- Petitioner has been sentenced to R.I. for 12 years u/s 18/21/25 and 29 of the NDPS Act and Section 25 of the Arms Act -- Petitioner is not facing trial in any other case – Petitioner confined in jail over 5 years and 7 months and that there is nothing adverse on his conduct and behaviour in prison -- Petitioner be released on parole for 6 weeks.
(Para 2-5)
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DR. S. MURALIDHAR, J. –
1. The Petitioner seeks parole for 6 weeks to meet his family members.
2. One additional ground that has been urged in the writ petition is that the Petitioner wishes to be present for the bhog Ceremony scheduled for 22nd September, 2020 on account of his brother's death on 13th September, 2020. However, since that bhog ceremony has already been held, the prayer for parole is now being pressed only for Petitioner to be able to meet his family members.
3.The court notices that the Petitioner has been in custody since 25th February, 2015 and has been sentenced to rigorous imprisonment for 12 years by the judgment dated 10th September, 2019 of the trial Court upon his being convicted in the FIR No. 2 dated 25th February, 2019 under Sections 18/21/25 and 29 of the NDPS Act and Section 25 of the Arms Act.
4. Mr. H.S. Grewal, Additional Advocate General, Punjab appearing for the State confirms that the Petitioner is not facing trial in any other case. He also confirms that he been confined in jail for over 5 years and 7 months and that there is nothing adverse on his conduct and behaviour in prison.
5. In the circumstances, the Court is of the view that the Petitioner's prayer for parole should be granted. The Court directs that the Petitioner be released on parole for 6 weeks from the date of his release, subject to the satisfaction of the concerned Superintendent of Jail.
6. The petition is disposed of in the above terms.
Order accordingly.
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