Counsel for the petitioner restricts his prayer qua issuance of directions to the appropriate authority to pass an order on the application: High court of Punjab and Haryana
The petitioner has filed for a criminal writ petition i.e. “A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.” And the petitioner prayed before the court to direct the respondents to release the petitioner on parole. The judgment and order were given in the high court of Punjab and Haryana at Chandigarh, on the 9th of July 2021 by the Hon’ble Mr. Justice Jaswant Singh and Hon’ble Mr. Justice Sant Parkash in the case of Gurdeep Singh v/s state of Punjab and others Criminal Writ Petition No. 6160 of 2021, The proceedings of the court were held on a virtual platform through video conference. According to the counsel of the petitioner (Mr. Bikramjeet Singh Jatana ) the petitioner request the court to grant him release on parole for eight weeks the reason behind is in order to take care of his old aged parents and to help them with their eye surgery which has been mentioned under section 3 and 4 of the Punjab good conduct prisoners(Temporary Release) Amendment act, 2015. The petitioner was sentenced to undergo life imprisonment according to an order on the 6th of June 2019 which was passed by the additional sessions judge, Mansa. As he was convicted for an offense under section 302 IPC i.e., “Punishment for murder. —Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”   section 34 IPC i.e., “Acts done by several persons in furtherance of common intention. —When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.”. however, this petition has been filed for final adjudication and against the previous order. According to the case, the mother of the petitioner (Jarnail Kaur) approached the superintendent of jail, at the central jail Bathinda, (respondent -no.4) and pleaded for the grant of parole for two months on the grounds for her eye surgery as she and her husband might have lost their eyesight, but no action was taken. They have also approached the competent authorities to grant him parole but the same was never granted.  There was no action taken on the application dated 20/01/2021.
 on 13 07 101 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Writ Petition No. 61621Date of Decision: 09.07.2021 Gurdeep Singh.......... PetitionerVersus State of Punjab and others .......... RespondentsCORAM: HON BLE MR. JUSTICE JASWANT SINGH HON BLE MR. JUSTICE SANT PARKASH Present: Mr. Bikramjeet Singh Jatana Advocate for the petitioner.[ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] JASWANT SINGH J.weeks in order to take care and surgery of eyes of his old aged parents as per provisions of Sections 3 & 4 of the Punjab Good Conduct PrisonersAmendment Act 2015.The petitioner stands convicted for an offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo life imprisonment vide judgment of conviction order of sentence dated 06 07.12.2019 passed by the learned Additional Sessions Judge Mansa. Against the said judgment of conviction and order of sentence the petitioner filed an appeal before this Court which is still pending admitted for final adjudication. on 13 07 C.R.W.P. No. 616212 It is averred that the mother of the petitioner namely Jarnail Kaur had approached before the Superintendent of Jail Central Jail Bathinda District Bathindafor grant of paroleto the petitioner vide application dated 20.01.2021on the ground to get conduct surgery of their eyes as she and her husband Meet Singh have lost their eyesight. But no action has been taken on the said application dated 20.01.2021as yet.The petitioner had also approached before the authorities below to grant him parole but he has never granted the relief of parole by the respondents.After arguing for some time when the Court was not inclined to grant the parole to the petitioner counsel for the petitioner restricts his prayer qua issuance of directions to the appropriate authority to pass an order on the above said application dated 20.01.2021seeking parole of the petitioner on the stated grounds.Mr. I.P.S. Doabia Additional Advocate General Punjab who appears on advance notice concedes that an order is required to be passed on the aforesaid application dated 20.01.2021one way or the other therefore has no objection if the directions be issued to the competent authority to pass an order on the said application.In view of above present petition is disposed of with a direction to the competent authority to pass an order on the application on 13 07 C.R.W.P. No. 616213 dated 20.01.2021of Jarnail Kaurseeking to release the petitioner on parole in accordance with law as early as possible. JUDGEJuly 09 2021 dk kamra JUDGEWhether Speaking reasonedYes NoWhether ReportableYes No 