Punjab & Haryana High Court Grants Parole After Finding Police Mixed Up Two Prisoners; Calls Rejection Order “Perversity on the Face of the Record”

Case Name: Gurpreet Singh @ Gopi vs. State of Punjab
Date of Judgment: 01 December 2025
Citation: CRWP-1231-2025
Bench: Hon’ble Mr. Justice Deepak Sibal and Hon’ble Ms. Justice Lapita Banerji

Held: The Punjab and Haryana High Court set aside the denial of parole to an NDPS convict after discovering that the police had mistaken the petitioner for another prisoner with the same name and wrongly attributed a second NDPS case to him. The Court held that the SHO and SSP acted with a “callous attitude” and without any application of mind, rendering the rejection order factually incorrect and legally unsustainable.

Summary: The petitioner sought parole to repair his dilapidated house. His request was rejected on the ground that he had allegedly been involved in two NDPS cases and might reoffend or disturb public order if released. During hearing, the Court asked the State to clarify the second FIR relied upon by authorities.

A fresh status report revealed a serious error:

• The petitioner had only one NDPS case against him.
• The second FIR cited in the rejection order actually pertained to another inmate named Gurpreet Singh @ Gopi, with a different jail ID.

The SHO admitted this mistake in writing, and the SSP had unquestioningly endorsed the erroneous report by merely affixing a stamp. The Court observed that such mechanical approval demonstrated complete non-application of mind.

The Court also noted that the petitioner was a first-time offender, had committed no jail offences, and had not misused bail previously. Thus, the apprehension of absconding or reoffending had no factual basis.

Decision: The High Court set aside the rejection order and directed that the petitioner be released on parole for six weeks, subject to furnishing an appropriate surety bond and surrendering thereafter. The Court additionally imposed ₹10,000 in costs, to be paid equally by the SHO of Police Station Jhabal and the SSP, Tarn Taran, for their negligent handling of the matter.