CRWP-5405 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 134 Manjeet Singh @ Mani U.T., Chandigarh CORAM: HON'BLE MRS. JUSTICE Present:- MANISHA BATRA, J. 1. Constitution of India read with Section Prisoners (Temporary Release) Act, 1962 petitioner has made prayer for issuing in the nature of mandamus thereby directing the respondents to release h enable him to meet his family members. 2. No. 354 dated at Police Station imprisonment for a period of judgment of conviction 3. only male member in his family. There is no one in the family to take care of 5405-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Manjeet Singh @ Mani Versus U.T., Chandigarh and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Gurbir Singh Sandhu, Advocate for the petitioner. Mr. J. S. Toor, Addl. P.P., U.T., Chandigarh. MANISHA BATRA, J. (Oral) Through the instant petition, filed under Constitution of India read with Section Prisoners (Temporary Release) Act, 1962 petitioner has made prayer for issuing in the nature of mandamus thereby directing the respondents to release him on temporary parole enable him to meet his family members. The petitioner has been convicted in case arising out of FIR dated 02.10.2018, registered under Section 22 at Police Station Sector 34, Chandigarh imprisonment for a period of 10 years. He has filed an appeal against the judgment of conviction, which is pending before this Court. It is submitted by learned counsel for the petitioner that he is the e member in his family. There is no one in the family to take care of - IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5405-2025 (O&M) Date of decision: 23.05.2025 ...Petitioner Versus ...Respondent MANISHA BATRA Gurbir Singh Sandhu, Advocate Mr. J. S. Toor, Addl. P.P., U.T., Chandigarh. Through the instant petition, filed under Article 226 of the Constitution of India read with Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short ‘Act, 1962’), the petitioner has made prayer for issuing in the nature of mandamus thereby im on temporary parole in order to The petitioner has been convicted in case arising out of FIR 02.10.2018, registered under Section 22 of the NDPS Act, 1985 , Chandigarh and is undergoing rigorous years. He has filed an appeal against the , which is pending before this Court. It is submitted by learned counsel for the petitioner that he is the e member in his family. There is no one in the family to take care of -1- 2025 (O&M) 23.05.2025 ...Petitioner ..Respondents of the of the Punjab Good Conduct , the petitioner has made prayer for issuing in the nature of mandamus thereby in order to The petitioner has been convicted in case arising out of FIR of the NDPS Act, 1985 and is undergoing rigorous years. He has filed an appeal against the It is submitted by learned counsel for the petitioner that he is the e member in his family. There is no one in the family to take care of MOHAMMAD WASEEM ANSARI 2025.05.26 09:24 I attest to the accuracy and integrity of this document CRWP-5405 his minor son and wife petitioner had respondent No. 3 submitted by the Senior Superintendent of Police, Khanna on the ground that in case the petitioner is released on parole, he can again involve in similar offences. The prayer of the petitioner for grant of parole h the respondents without assigning any specific reason and solely on the basis of the report of SSP, Khanna, which is based on flimsy grounds. It is further argued that the petitioner is even ready to furnish heavy amount of bonds and will also abide by the terms and conditions to be imposed upon him in the eventuality of him being granted parole. 4. has argued that there is no illegality in the impugned order. The petitioner rightly been denied parole as there were chances of his indulging in similar offences again. 5. and have also gone through the record 6. prisoner on being satisfied of the circumstances as mentioned therein and for the period as mentioned in Section 3 sub instant case, had been declined by is released on parole, he might again basis for the plea as taken in the impu 5405-2025 (O&M) his minor son and wife. In order to take care of petitioner had applied for grant of parole but the same has been declined by respondent No. 3-District Magistrate, Ludhiana on the basis of the report submitted by the Senior Superintendent of Police, Khanna on the ground that in case the petitioner is released on parole, he can again involve in similar offences. The prayer of the petitioner for grant of parole h the respondents without assigning any specific reason and solely on the basis of the report of SSP, Khanna, which is based on flimsy grounds. It is further argued that the petitioner is even ready to furnish heavy amount of bonds and ll also abide by the terms and conditions to be imposed upon him in the eventuality of him being granted parole. On the other hands, learned Additional P.P., U.T., Chandigarh has argued that there is no illegality in the impugned order. The petitioner rightly been denied parole as there were chances of his indulging in similar offences again. He has prayed for dismissal of the petition. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. Section 3 of the Act, 1962 provides for temporary release of any prisoner on being satisfied of the circumstances as mentioned therein and for the period as mentioned in Section 3 sub- instant case, the prayer made by the petitioner for temporary release on parole had been declined by the respondent-authorities only released on parole, he might again indulge in similar offences. basis for the plea as taken in the impugned order that the petitioner may - . In order to take care of them and to meet them, applied for grant of parole but the same has been declined by ate, Ludhiana on the basis of the report submitted by the Senior Superintendent of Police, Khanna on the ground that in case the petitioner is released on parole, he can again involve in similar offences. The prayer of the petitioner for grant of parole has been declined by the respondents without assigning any specific reason and solely on the basis of the report of SSP, Khanna, which is based on flimsy grounds. It is further argued that the petitioner is even ready to furnish heavy amount of bonds and ll also abide by the terms and conditions to be imposed upon him in the On the other hands, learned Additional P.P., U.T., Chandigarh has argued that there is no illegality in the impugned order. The petitioner rightly been denied parole as there were chances of his indulging in similar He has prayed for dismissal of the petition. I have heard learned counsel for the parties at considerable length carefully. Section 3 of the Act, 1962 provides for temporary release of any prisoner on being satisfied of the circumstances as mentioned therein and for -section (2) of the Act, 1962. In the ayer made by the petitioner for temporary release on parole authorities only on the ground that if indulge in similar offences. There is no gned order that the petitioner may -2- them and to meet them, the applied for grant of parole but the same has been declined by ate, Ludhiana on the basis of the report submitted by the Senior Superintendent of Police, Khanna on the ground that in case the petitioner is released on parole, he can again involve in similar as been declined by the respondents without assigning any specific reason and solely on the basis of the report of SSP, Khanna, which is based on flimsy grounds. It is further argued that the petitioner is even ready to furnish heavy amount of bonds and ll also abide by the terms and conditions to be imposed upon him in the On the other hands, learned Additional P.P., U.T., Chandigarh has argued that there is no illegality in the impugned order. The petitioner has rightly been denied parole as there were chances of his indulging in similar I have heard learned counsel for the parties at considerable length Section 3 of the Act, 1962 provides for temporary release of any prisoner on being satisfied of the circumstances as mentioned therein and for section (2) of the Act, 1962. In the ayer made by the petitioner for temporary release on parole on the ground that if he There is no gned order that the petitioner may MOHAMMAD WASEEM ANSARI 2025.05.26 09:24 I attest to the accuracy and integrity of this document CRWP-5405 smuggle drugs if extended benefit of temporary release on parole. It is not the case of the respondents that he is not otherwise entitled to be extended the said benefit. It is well settled that it is necessary for a conv contact with society transform him into a responsible citizen on his release. In vi is held that this petition deserves to be allowed. The same is accordingly allowed. 7. temporary parole of a period of of his actual release from the jail terms of statutory provisions to t who would also impose requisite conditions to ensure that the temporary release is not misused. The petitioner shall also undertake to maintain peace and good behavior during this period. He shall surrender back immediately 23.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 5405-2025 (O&M) smuggle drugs if extended benefit of temporary release on parole. It is not the case of the respondents that he is not otherwise entitled to be extended the said benefit. It is well settled that it is necessary for a conv contact with society and his family so as to enable his reformation and transform him into a responsible citizen on his release. In vi is held that this petition deserves to be allowed. The same is accordingly The respondents are directed to release the petitioner on porary parole of a period of 25 days, which will commence from the date of his actual release from the jail, subject to his furnishing sufficient bonds in terms of statutory provisions to the satisfaction of the competent authority, who would also impose requisite conditions to ensure that the temporary release is not misused. The petitioner shall also undertake to maintain peace and good behavior during this period. He shall surrender back immediately expiry of the period of his temporary parole. 23.05.2025 Whether speaking/reasoned Whether reportable - smuggle drugs if extended benefit of temporary release on parole. It is not the case of the respondents that he is not otherwise entitled to be extended the said benefit. It is well settled that it is necessary for a convict to maintain his so as to enable his reformation and transform him into a responsible citizen on his release. In view of the same, is held that this petition deserves to be allowed. The same is accordingly The respondents are directed to release the petitioner on 25 days, which will commence from the date , subject to his furnishing sufficient bonds in he satisfaction of the competent authority, who would also impose requisite conditions to ensure that the temporary release is not misused. The petitioner shall also undertake to maintain peace and good behavior during this period. He shall surrender back to jail after expiry of the period of his temporary parole. (MANISHA BATRA) JUDGE Yes/No Yes/No -3- smuggle drugs if extended benefit of temporary release on parole. It is not the case of the respondents that he is not otherwise entitled to be extended the said ict to maintain his so as to enable his reformation and the same, it is held that this petition deserves to be allowed. The same is accordingly The respondents are directed to release the petitioner on 25 days, which will commence from the date , subject to his furnishing sufficient bonds in he satisfaction of the competent authority, who would also impose requisite conditions to ensure that the temporary release is not misused. The petitioner shall also undertake to maintain peace to jail after MOHAMMAD WASEEM ANSARI 2025.05.26 09:24 I attest to the accuracy and integrity of this document