CRWP-9196-2025 278 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-9196-2025 JUDGMENT RESERVED ON JUDGMENT PRONOUNCED ON OPERATIVE PART PRONOUNCED OR FULL UPLOADED ON 21.07.2026 31.07.2026 FULL PRONOUNCED 01.08.2026 Gurbaksh Singh ...Petitioner Versus State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON’BLE MR. JUSTICE RAMESH CHANDER DIMRI Present: Mr. S.K Sharma, Advocate for the petitioner. Ms. Pooja Nayar Sharma, D.A.G., Punjab. **** ANOOP CHITKARA, J. 1. Seeking quashing of impugned order dated 03.04.2025 passed by respondent No.2 whereby parole of the petitioner has been rejected under the Punjab Good Conduct Prisoners (Temporary) Release Act, the petitioner has come up before this Court by filing the present petition under Article 226/227 of the Constitution of India. 2. Counsel for the petitioner submits that earlier, the petitioner was granted parole by respondent No.2 vide order dated 31.10.2024 for a period of three weeks and the petitioner has not violated any conditions and has surrendered back on time. But, this time, respondent No.2 vide order dated 03.04.2025 (Annexure P-1) rejected the parole by citing the petitioner as “A Category Gangster” and will cause disturbance to the peace and security of the State. 3. Counsel for the petitioner submits that the petitioner undertakes not to indulge in any crime and if he commits any offence which prescribes sentence for more than 03 years, then such factor should be considered while granting subsequent parole. 4. State counsel opposes the prayer and has referred to following paragraphs of reply dated 16.02.2026 and 15.03.2026 which reads as follows: “4.It is further submitted that after verification, the release of the petitioner on parole was not allowed by the District Magistrate Faridkot vide order dated 04.04.2035 on the basis of the report received from the Senior Superintendent of Police, Faridkot whereby it was stated that the petitioner is an A Category gangster, he could 1 JYOTI SHARMA 2026.08.01 13:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP-9196-2025 commit crime during parole release, he could abscond, the petitioner's crime area is near his home. Further it has been stated that petitioner is habitual of committing crimes and that he is a hardcore criminal. It has also been stated that the petitioner is a chief member of the Bambiha gang and there are 31 more Cases registered against the petitioner. Further stated that there is threat to public order and security of the state on allowing parole to the petitioner.” 3. That in response to the order passed by this Hon'ble High Court, it is submitted that earlier the petitioner applied for his parole for 8 weeks and the matter of his application was inquired by the then Deputy Supdt. of Police Sub Division, Jaito District Faridkot and after inquiry, vide his report dated 20.09.2024 it was recommended for granting parole to the petitioner and this report was further consented by Sr.Supdt. of Police Faridkot, in which it was reported that while granting parole to the petitioner, bail bonds/surety bonds for the huge amount be got filled from the petitioner in the Hon'ble Court and the petitioner be legally bound for his return to jail after the parole period. It was further recommended that if there is any passport of the petitioner, then the same be forfeited and if the petitioner, his family members or his sureties will fulfill all these conditions, only then the parole can be recommended to the petitioner. Further Gram Panchayat village Gumti Khurd Seve wala, Block Jaito District Faridkot, wherein the panchayat strongly recommended that the petitioner is having one old aged mother, wife of brother of the petitioner namely Ranjit Kaur and one younger daughter and there is no other person except the Retitioner to look after and if parole is granted to the petitioner from Central Jail Bathinda, then there will be no harm to any person. After considering all the facts during inquiry, a parole of 3 weeks was finally granted to the petitioner by the respondent no.2 vide its Order dated 30.10.2024 (already annexed with the petition as Annexure P5). 4. That now the petitioner has again submitted a request for grant of parole for a period of 4 weeks to him on the grounds that his old aged mother is suffering from severe chest pain and a major heart ailment, who requires the presence and care of the petitioner and also mentioned grounds that the petitioner being a married person, wishes to plan and settle his family life, and further, being an agriculturist, his presence is indispensable during the ongoing Kharif season for sowing of crops, supported with the Writing of Gram Panchayat Village Gumti Khurd District Faridkot (already annexed with the petition as Annexure P4) supporting thereby the grounds of parole sought by the petitioner. 5. 5. That the application of the petitioner for grant of 4 weeks of Parole under the Punjab Good Conduct Prisoner's (Temporary Release) Act. 1962, was forwarded by the respondent no.2 to the respondent no.4 ie. Superintendent of Central Jail, Bathinda, through his letter no. 6095 dated 07.01.2025. In connection with the parole of the prisoner, a verification report (already attached with the petition as Annexure P1) was obtained from the Senior Superintendent of Police, Faridkot (Respondent no.3), who, after conducting an investigation regarding the Rainst the petitioner. No member of the 2 JYOTI SHARMA 2026.08.01 13:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP-9196-2025 petitioner's family is suffering from any serious illness or critical condition. The stated purpose of the parole leave is to take care of the family but after the imprisonment of the petitioner, the care of his parents is being done by the petitioner/prisoner's wife. It was further reported that the petitioner does not have a daughter or son whose marriage is pending. The respondent no.3 reported that the petitioner is undergoing life sentence in the main FIR and it is feared that the petitioner may commit a crime or abscond during parole release. The area of the petitioner's criminal activity is close to his residence and the petitioner is a hardcore criminal. Moreover the complainant of the present FIR namely Satnam Singh resides very close to the petitioner's house and he has expressed a threat to life and property of the petitioner, if the petitioner is released on parole. The petitioner is a key member of the former gangster Davinder Bambiha's gang and is a habitual offender and there is a possibility of a clash between both parties. The release of the petitioner on parole poses a threat to public order and state security. The respondent no.2 prepared his report after investigation in the prescribed format as per the directions of the Hon'ble Punjab and Haryana High Court and as per Circolar No.15 of 2024 issued by the Director General of Police, Punjab, from the perusal of which, the petitioner falls under the gangster category. As such, after considering the aforementioned report (Annexure P2) the application for four-week parole leave of the petitioner was rejected. 6. That during the pendency of the petition, in response to the womments sought by the respondent no.2 from the office of Senior Supdt. of Police Ferozepur, it was submitted before the respondent no.2 vide Report no.26270/C Dated 17.10.2025, that vide letter No. 2091-Reader/D.S.P. Jaito dated 15.10.2025 received in the office of SSP Faridkot, as per which regarding the inquiry of the matter of parole of the petitioner, SHO, PS Jaito reached village Sewewala (Gumti Khurd) and on the basis of his secret and declaratory investigation, it was found that petitioner Gurbaksh Singh is serving life imprisonment in Central Jail Bathinda in case number 31/2014 of Jaito Police Station, who has applied for parole and has filed a petition in the Honorable Punjab and Haryana High Court. Total of 31 cases are registered against the petitioner. Out of which 04 cases are of murder and 05 cases of attempt to murder are registered. Apart from this, 07 cases of robbery are registered against the petitioner. Mobiles have also been recovered from petitioner, while he was in jail, who was running his own network from jail and can run the network even after coming out of jail. Petitioner can become a PO after coming out of jail. Apart from this, the petitioner's friend and his gang-related co-accused Sharanjit Singh aftas Sharni has already became absconded during the period of parole, s the petitioner can also become a fugitive after coming out on parole. Further more it was report that the petitioner is an active member of Bambiha gang, along with Davinder Bambiha and other associates, had murdered Sukhpal Singh and Maninder Singh of Sewewala in the year 2014 while continuing old enmity. Due to which the other party feels threatened when the petitioner comes out of jail because in this regard, an application has been given to jaito police station by the complainant of the FIR namely Sohan Singh son of Arjan Singh 3 JYOTI SHARMA 2026.08.01 13:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP-9196-2025 resident of Sewewala Gumti Khurd of the other party. The verification of the application has also revealed that if the petitioner comes out of jail, then he can cause am harm to the complainant. Apart from this, the intelligence investigation has found that the petitioner's accomplice Gursharanjit Singh alias Sharni resident of Sewewala has already gone abroad after getting absconded on 11.07.2023 in FIR No.29 dated 26.03.2014. Police Station Jaito and if the petitioner comes out on parole, then the law and order situation may deteriorate at any time or it is also possible that the petitioner may not return to jail again and may go abroad through some illegal means. For which the parole release of the petitioner is not recommended. The entry of the petitioner is in the register no. 9-IV. After investigating the information and announcement regarding the parole of the petitioner a separate Rapat No. 28 dated 27.09.2025 has been registered at the police station Jaio,. The Deputy Superintendent of Police CID Unit Faridkot has also investigated the matter and reported that if the parole of petitioner is approved, then there is a full possibility of petitioner of his absconding and being fled to abroad.” 5. Perusal of the above clearly points out that petitioner is a hard core gangster. Although, he has surrendered back from the parole but circumstances keep on changing. We cannot find any fault in the analysis made by the authorities and they have rightly rejected the parole and it cannot be said that the order of rejection is arbitrary or violates Article 21 of Constitution of India 6. Given above, the present petition is dismissed. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE (RAMESH CHANDER DIMRI) JUDGE 31.07.2026 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI SHARMA 2026.08.01 13:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh