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High Court of Punjab and HaryanaCRWP/374/2022dismissed

Deepak Alias Bachi v. State Of Haryana And Others

2022-01-18Ms. Justice Ritu Bahri,Mr. Justice Ashok Kumar Verma1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-374-2022 Date of decision 18.01.2022 Deepak @ Bachi ....Petitioner Vs.

State of Haryana and others

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present:

Mr. R.S. Dhull, Advocate for the petitioner.

*** Ritu Bahri, J. (Oral) The present petition has been filed under Article 226/227 of the Constitution of India read with Section 4 sub sections 1 and 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 of issuance of writ in the nature of mandamus directing the respondents/State to grant furlough to the petitioner by passing a order on his application dated 25.10.2021 (P-1). Issue notice of motion.

On asking of the Court, Mr. Ankur Mittal, Addl.A.G. Haryana accepts notice on behalf of respondent-State. Learned State counsel on instructions from Deputy Supdt, District Jail, Rohtak has informed the Court that no application (P-1) has been received till date. He has further submits that since the applicant-petitioner has been convicted under Section 396 IPC, he falls under the category of hard core prisoner and thus his case for parole cannot be considered before he completes 03 years after conviction.

This fact is not being disputed by learned counsel for the petitioner. Faced with the situation, learned counsel for the petitioner wishes to withdraw the present petition to take alternative remedy in accordance with law, if so advised.

(RITU BAHRI) JUDGE 18.01.2022 (ASHOK KUMAR VERMA) G Arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2022.01.20 11:31 I attest to the accuracy and integrity of this document Chandigarh