High Court of Punjab and HaryanaCRWP/745/2022disposed of

Ravi Kumar v. State Of Haryana And Others

2022-01-28Mr. Justice Gurmeet Singh Sandhawalia,Mr. Justice Vikas Suri2 pages

CRWP-745-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-745-2022 Date of decision : 28.01.2022 Ravi Kumar ....Petitioner V/s State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Randeep Singh Dhull, Advocate for the petitioner. Mr. Hitesh Pandit, Additional Advocate General, Haryana. G.S. SANDHAWALIA, J.

(ORAL) Present petition has been filed for issuance of writ in the nature of mandamus for directing respondent No.3 to accept personal bond of the petitioner for the purpose of releasing him on furlough. The same has been granted by the Divisional Commissioner, Ambala Division vide order dated 6.12.2021 (Annexure P-3).

Learned counsel for the petitioner has pointed out that on an earlier occasion, the petitioner was also released on special parole vide order dated 22.05.2021 (Annexure P-4) on personal bonds of `2,00,000/- for each person in view of Covid-19 contagion.

Notice of motion.

Mr. Hitesh Pandit, Additional Advocate General, Haryana, accepts notice on behalf of the respondents-State. He has pointed out that the request for release of the petitioner on personal bond has been moved to respondent No.3 i.e. District Magistrate, Sonipat vide representation dated 07.12.2021 (Annexure P-1) which is in pursuance to the order passed for temporary release. The same AJAY KUMAR 2022.01.28 15:51 I attest to the accuracy and integrity of this document

CRWP-745-2022 representation has been forwarded by Superintendent, District Jail, Kurukshetra to respondent No.3 on the ground that petitioner is not in a position to furnish surety for releasing him on furlough. He submits that petitioner has never misused the concession of parole/furlough granted earlier and has always surrendered with the jail authorities on time.

Keeping in view the fact that the matter is pending before respondent No.3, the present petition is disposed of with a direction to the said respondent to consider the release of petitioner on furnishing personal bond. Keeping in view the above background, the representation be decided within a period of two weeks from the receipt of certified copy of this order. Petition stands disposed of.

(G.S. SANDHAWALIA) JUDGE (VIKAS SURI) JUDGE January 28, 2022 Ajay Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2022.01.28 15:51 I attest to the accuracy and integrity of this document