Crl.Misc No M- 33991 of 2010 Sanjay Gill @ Sanju v. State of Punjab and others Received by post *** Present: Mr.Gaurav Garg Dhuriwala, AAG, Punjab. ORDER A complaint received from petitioner Sanjay Gill @ Sanju confined in Central Jail, Bathinda in the Secretariat of Hon'ble the Chief Justice on 25th October, 2010 was treated as a petition bearing Crl.Misc.No.M-33991 of 2010 and notice of motion was issued to Advocate General, Punjab on 18th November, 2010. The prayer made in the petition is for grant of parole as well as for transfer of jail. A copy of order dated 10.9.2010 passed in Crl.W.P.No. 1653 of 2010 titled “Sanjay v. State of Punjab and others” was also annexed with the petition vide which directions were issued to the Superintendent of concerned jail to consider and decide the application of the applicant within a period of two weeks from the date of receipt of certified copy of the said order. In response to the notice of motion, a reply has been filed on behalf of respondents No.1 to 3 today which is taken on record. It has been stated in the reply that petitioner was released on temporary parole from 19.3.2010 to 17.4.2010 for a period of 28 days. On 15th June, 2010, a search was conducted by jail authorities and during search, a sum of Rs.7050/- was found from possession of the petitioner. Again, on 16th June, 2010, a mobile phone was also Crl.Misc No M- 33991 of 2010 [2] found with him. As per Jail Rules, keeping of mobile phone and cash is prohibited in jail as per Para No. 540 at Serial No.5 of Punjab Jail Mannual. The matter was reported to SHO Police Station, Tirpuri Patiala on 16th June, 2010. The petitioner was shifted to Hata 32 in Chakki No.8 wherein he tried to commit suicide by causing injuries on his left arm with sharp edged object and the matter was reported to the police on 21st June, 2010. The prayer for parole was declined as he was found to be involved in commission of jail offence for keeping cash as well as mobile phone in jail and he also tried to commit suicide. In compliance of the order passed by this Court, in Crl.W.P.No.1653 of 2010 the petitioner was shifted to Central Jail, Bathinda on 25th September, 2010. The order dated 14th October, 2010 was passed by the Superintendent Central Jail, Patiala in compliance of the directions issued by the High Court in the above- said petition and copy of the order was also sent to Superintendent, Central Jail Bathinda vide office letter No.10139 dated 14.10.2010 for serving upon the petitioner. It has also been mentioned in the reply that the petitioner was shifted from Central Jail Bathinda to Central Jail, Patiala. Heard arguments of learned counsel for the State and have also gone through the documents available on the file. In view of the submissions made by the learned State counsel and the reply filed on behalf of respondents No.1 to 3, no ground for grant of parole is made out at this stage and prayer of the petitioner is declined. Crl.Misc No M- 33991 of 2010 [3] However, the petitioner has also levelled certain allegations against Charanjit Singh Bhangoo, Deputy Superintendent Jail, Patiala, Ajmer Singh (HW) and Tarsem Lal (CHW) for causing grievous injuries and on account thereof, he was admitted in Rajindra Hospital, Patiala and remained admitted there for five days. An allegation has also been levelled against Charanjit Singh Bhangoo, Deputy Superintendent of Jail, Patiala that he had taken Rs. 1 lac from the petitioner by putting physical and mental pressure for shifting him to Open Jail, Nabha. It has further been mentioned that neither he was sent to Open Jail, Nabha nor the amount was returned and when a request for return of amount was made, false allegations were levelled against him and he was given severe beating due to which he was admitted in the Rajindra Hospital, Patiala. Keeping in view the seriousness of the allegations levelled against Charanjit Singh Bhangoo, Deputy Superintendent Jail, Patiala with regard to payment of Rs.1 lac and for causing injuries, the Chief Judicial Magistrate, Patiala is directed to conduct an enquiry into the allegations levelled against Charanjit Singh Bhangoo and other jail officials as mentioned above. He shall record the statement of the complainant, the source of amount paid to Mr.Bhangoo,frequent shifting from one jail to another, after considering the medical report of the petitioner and submit a report within a period of one month from the date of receipt of a copy of the order. Crl.Misc No M- 33991 of 2010 [4] The Registry is directed to send a copy of this order to Chief Judicial Magistrate, Patiala immediately for compliance. (DAYA CHAUDHARY) February 22, 2011 JUDGE raghav