Second Plea For Parole Merely Due To Change In Date Of Daughter's Marriage Not Maintainable: Punjab & Haryana High Court

The Punjab & Haryana High Court has rejected the second plea for parole of a man convicted under the NDPS Act, filed to attend his daughter's marriage, observing that a fresh plea merely on the ground of change of date of marriage is not maintainable.

Justice Kuldeep Tiwari said, "this Court is unable to comprehend, how a fresh petition is maintainable merely on the change of the date of marriage, once the earlier petition for the same cause of action was dismissed as withdrawn."

The Court also noted that the jail authority had earlier passed an order which reflects that the petitioner had jumped the parole on an earlier occasion, and after registration of the fresh case, he was arrested, and now he is confined in the instant matter, since 26.01.2024, i.e. after a delay of 1043 days, (from the date of reporting back in the jail (dated 19.03.2021) after completion of his parole).

When the Court asked the counsel for the petitioner why the aforesaid speaking order had not been placed on record while filing the instant petition it noted that his answer was not satisfactory.

"It seems that the speaking order (supra), has been deliberately concealed from this Court, and only by changing the date of marriage of petitioner's daughter, fresh petition has been filed," added the Court.

Justice Tiwari further said, that it reflects from the conduct of the petitioner, that an attempt has been made to conceal the aforesaid relevant speaking order, from this Court, so that he could easily obtain a favourable order of parole.

The Court remarked that, "the conduct of the petitioner is highly deprecable, and cannot be appreciated."

While dismissing the plea, the Court said, "though the present petitioner is liable to be burdened with an exemplary costs, for filing such a frivolous petition, but considering the fact that he is behind the bars, this Court refrains itself to do so."

Title: BRIJ LAL v. STATE OF PUNJAB AND OTHERS

Citation: 2024 LiveLaw (PH) 215

Mr.Amandeep Singh Rai, Advocate for for the petitioner.

Mr.Pardeep Bajaj, DAG, Punjab.

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