Punjab & Haryana High Court Grants Parole To Life Convict To Prepare Documents Lost In Fire Incident

The Punjab & Haryana High Court has granted 8 weeks' parole to a life convict to enable him to prepare essential documents that were destroyed in a fire incident, observing that the denial of parole on mere apprehension of breach of peace is unsustainable in law.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor noted, "The facts of the case would thus indicate that the petitioner has deep roots in the society and has a valid reason for seeking parole to meet his brother and to carry out required tasks for preparation of documents, which may have been burnt during the fire incident.""While considering the request of a convict for parole, balance has to be maintained between two competing interests- that of reforming the convict on one hand, and public purpose and interest of society on the other. Criminological objective of grant of parole is the reformation of the prisoner and due consideration must be given to that societal aim," added Justice Kapoor.The petitioner, who is serving life imprisonment in a 2021 murder case registered at Police Station Ghuman, had applied for parole under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. His counsel argued that he had maintained good conduct during over 5 years and 7 months of incarceration and had not committed any jail offence.However, the authorities rejected his plea citing his involvement in a serious offence and an apprehension that his release could disturb peace in the village. It was also noted that he had limited immediate family support.Before the High Court, the petitioner countered the State's objections by pointing out that he had been acquitted in another case cited against him, and that the rejection was based solely on speculative concerns rather than concrete material.After examining the record, the Court found that there was no allegation regarding the petitioner's conduct in jail being unsatisfactory. It observed that the rejection order was based merely on apprehensions without any substantive basis.Reiterating settled law, the Bench held that “mere apprehension of breach of peace or tranquility cannot be the basis for denying parole.”The Court also took note of a certificate issued by the village Sarpanch confirming that the petitioner had deep roots in society and owned property in the village. It further noted that the petitioner sought parole to meet his brother and complete necessary documentation work, especially in light of a past fire incident that had destroyed important documents.Emphasising the reformative objective of parole, the Court referred to the Supreme Court's decision in Asfaq v. State of Rajasthan, observing that a balance must be maintained between societal interests and the rehabilitation of prisoners.Finding the rejection order unsustainable, the Court set it aside and directed that the petitioner be released on parole for a period of 8 weeks, subject to furnishing surety bonds and an undertaking to maintain peace and good behaviour during the period.Mr. Vipin Mahajan, Sr. Advocate with Ms. Manju Fulora, Advocate for the petitioner.Mr. Adeshwar Singh Pannu, AAG, Punjab. Title: Gurwinder Singh alias Guri v. State of Punjab and othersCitation: 2026 LiveLaw (PH) 168Click here to read order

Punjab & Haryana High Court Grants Parole To Life Convict To Prepare Documents Lost In Fire Incident

Aiman J. Chishti

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Aiman J. Chishti

Punjab & Haryana High Court Grants Parole To Life Convict To Prepare Documents Lost In Fire Incident

Aiman J. Chishti

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Aiman J. Chishti

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