IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 2806 of 2009 Date of decision: 26.05.2009 Jaswinder Singh ...Petitioner Versus The State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr. A.S. Trikha, Advocate for the petitioner. Ms. Manjari Nehru Kaul, DAG, Punjab. *** Harbans Lal, J.( Oral) This petition has been moved by Jaswinder Singh under Section 482 of the Cr. P.C., seeking his release on parole of four weeks to meet his family members under Section 3 ( 1) (d) of the Punjab Good Conduct Prisoners ( Temporary Release), Act, 1962 and also for quashing the rejection order Annexure P-1. I have heard the counsels for the parties, besides perusing the record with due care and circumspection. In Annexure P-1 dated 20.08.2008 the Director General of Police ( Prisons), Punjab has mentioned that “ the convict wants parole to meet his family. During investigation, it was found that members of his family and the villagers are not ready to take his responsibility in writing. The convict may not surrender in jail. Parole is therefore not recommended”. Vide order dated 11.05.2009, passed by this Court, the SHO, Police Station, Civil Lines, Amritsar was directed to verify as to whether, Sukhwinder Kaur, Sarpanch of Gram Panchayat, Nangal Pannua, Block CRM No. M 2806 of 2009 -2- Majitha, District, Amritsar has taken the responsibility in relation to the civil behaviour of the petitioner and further, whether she has recommended his four weeks parole case. The respondents have filed the statement Annexure R-1 of Smt. Sukhwinder Kaur alias Sukhwant Kaur, wife of Sulakhan Singh Jat, resident of Nangal Pannua Police Station, Majitha alongwith the reply. This statement reads in the following terms: “ It is stated that I am the permanent resident of the above said address and is the Sarpanch of village Nangal Pannua PS Majitha. That Jaswinder Singh S/o Gurdeep Singh R/o village Nangal Pawan, Block Majitha PS, Civil Line Amritsar Distt. Amritsar ( Now confined in Central Jail, Amritsar), had moved an application No.32 Parole dated 06.02.2008 for his Parole of 4 weeks. I have close Blood relation with Jaswinder Singh. As said Jaswinder Singh is the Son of my real sister Daljit Kaur and real Devar Gurdeep Singh I being a Sarpanch of a village and due to close blood relation with Jaswinder Singh take responsibility in writing regarding return of the convict to jail from parole and he will return to jail after availing parole and after availing his parole of 4 weeks said Jaswinder Singh will return to jail and shall also abide all the terms and conditions of the jail and civil administration and I take responsibility and recommended his parole case of 4 weeks. I am also enclosing herewith my identity card no. PB/02/013/069882 issued by the Election CRM No. M 2806 of 2009 -3- Commission of India duly attested by Tarsem Lal SI/ASHO PS Civil Lines, Amritsar”. It is deducible from the above statement that Sukhwinder Kaur alias Sukhwant Kaur being the Sarpanch, as well as the close relative of the petitioner has undertaken the responsibility in writing as mentioned in her above reproduced statement. This petition is disposed of with a direction to the respondents that the petitioner shall be released on parole in view of the provisions of Section 3 (1) (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962, for a period of two weeks from the date of his release, subject to the satisfaction of District Magistrate, Amritsar, who shall take an adequate surety before releasing him under the rules. After expiry of the abovesaid parole period, the petitioner shall surrender before the Superintendent, Central Jail, Amritsar. Before parting with this order, it is made clear that if, the petitioner does not surrender before the jail authorities on the due date or he commits any illegal act during his parole period, in that eventuality, the above-mentioned Sarpanch Sukhwinder Kaur alias Sukhwant Kaur shall be responsible and necessary proceedings as warranted by law shall be initiated against her as well. A copy of this order be given dasti. May 26, 2009 ( Harbans Lal ) amrit Judge