Mohinder Singh And Others vs State Of Punjab And Others on 15 September, 2011

 IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH


                      Criminal Writ Petition No.1563 of 2011
                             Date of Decision : September 15, 2011


Mohinder Singh and others
                                                        ....Petitioners
                                Versus
State of Punjab and others

                                                   .... Respondents

CORAM : HON'BLE MR. JUSTICE T.P.S. MANN

Present :   Mr. Nandan Jindal, Advocate.

            Mr. P.S. Paul, Deputy Advocate General, Punjab.


T.P.S. Mann, J. (Oral)

The petitioners have prayed for issuance of

appropriate writ, order or direction holding that they have become

entitled to be released forthwith like their co-accused Baldev

Singh and their further detention was violative of Articles 14, 19

and 21 of the Constitution of India.

It is not in dispute that the pre-mature release cases

of the petitioners were initiated more than a year back. Uptil now,

these cases had been taking rounds of the various levels of the

bureaucratic hierarchy. The Court has been informed by learned

State counsel that the pre-mature release cases of the petitioners

have been sent by the Hon’ble Chief Minister of Punjab to the
Criminal Writ Petition No.1563 of 2011 -2-

Hon’ble Governor of Punjab on 3.8.2011. In support of his stand,

learned State counsel has filed a short affidavit of the

Superintendent, Open Air Jail, Nabha, which is taken on record.

It is also not in dispute that Baldev Singh, co-accused

of the petitioners has already been released, pursuant to his pre-

mature release case being accepted by the State government.

In view of the above, the present petition is disposed

of with a direction that in case the pre-mature release cases of

the petitioners are not finally decided within one month from

today, they be released on parole on their furnishing personal

bonds in the sum of Rs.25,000/- each with two sureties of the like

amount to the satisfaction of the District Magistrate, Sangrur.

In case, the pre-mature release cases of the

petitioners are declined within the stipulated period, the

authorities are not required to release the petitioners on parole.

Also, in the event of the pre-mature release cases of the

petitioners being declined after their release on parole, the State

would be at liberty to take them into custody for undergoing their

sentences.

                                               ( T.P.S. MANN )
September 15, 2011                                   JUDGE
satish