Re-consider the plea of parole for petitioner never misused concession of bail during trial’s pendency

Punjab and Haryana High Court: In a recent case before the Court, the petitioner prayed for issuance of directions to the respondents for granting six weeks’ parole on the ground that he has to meet his family members.The application for same was submitted to Superintendent General of Jail through whom it had been recommended to the District Magistrate and thereafter, refused on the ground that it was apprehended that he may abscond or become proclaimed offender and indulge again in drug business.

However, it is important to mention that along with the application for parole, is attached a Panchayat resolution that there is no danger to peace of law, in case, the petitioner is granted parole. The Court went through the records of the petitioner and could easily see that petitioner is not involved in any other NDPS case either prior to 2015 or subsequent to registration of the FIR or during the period of one year when he remained on bail in the case he has been sentenced for.

The Bench of Arvind Singh Sangwan, J. noticed and highlighted the fact that the petitioner has never misused the concession of bail during the pendency of the trial and was not found in involved any other such or similar case and therefore, giving such reasons for declining him the parole would not be justified. Hence, the Court directed that the case of releasing the petitioner on six weeks parole will have be reconsidered by the respondent-authorities. [Kuldeep Singh v. State of Punjab,  2017 SCC OnLine P&H 2917, decided on 10.11.2017]

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