Punjab-Haryana High Court orders release of prisoner on emergency parole to attend mother's funeral

The Punjab-Haryana High Court has granted emergency parole to a prisoner, Gagandeep Singh alias Peeta, for a period of 10 days to enable him to attend the funeral ceremony and mourning rituals of his mother. The judgment was passed on 21 April 2023 by Justice Deepak Manchanda.

Singh had filed a petition under Article 226 of the Constitution of India read with Section 482 of Cr.P.C seeking directions to the respondents for releasing him for 15 days on emergency parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners(Temporary Release) Act 1988 to meet his mother who was in a serious condition suffering from diabetic nephropathy/CKD/S. Anemia. However, during the arguments, Singh's counsel informed the court that his mother had unfortunately expired on 20 April 2023.

Singh had been convicted and sentenced under Section 379-B of IPC and to undergo RI for 5 years and to pay a fine of Rs.10,000/- and further convicted under Section 451 of IPC and to undergo RI for 3 years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo further RI for 1 month.

After verifying the factum of the death of Singh's mother, the court noted that as per Section 3 of The Punjab Good Conduct Prisoners(Temporary Release) Act, 1962, a prisoner can be released on account of the death of a family member and there is no bar in the Act itself. The court also observed that though Singh had not followed the due procedure by moving an appropriate application as per Rule 3 of The Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963, Article 21 of the Constitution of India removes any such restriction, if the facts and circumstances justify such parole, and Singh cannot be deprived of attending the funeral of his mother.

The court allowed the petition and issued a writ of mandamus directing the respondents to release Singh on parole for a period of 10 days w.e.f. 22 April 2023, on furnishing bail bonds to the satisfaction of the competent court/Ilaqa Magistrate. The court also imposed certain terms and conditions for Singh's parole.

Gagandeep Singh @ Peeta Vs State of Punjab and others