Nilwa v. State Of Haryana And Others


CRM-M-1526-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-1526-2024 Decided on: 16.05.2024 Nilwa ......Petitioner Vs.

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Hoshiar Singh Jaswal, Advocate for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

*** ANOOP CHITKARA J.

Seeking quashing of the impugned order dated 11.01.2024 passed by respondent No.1, whereby the premature release case of the petitioner has been rejected, petitioner has come up before this Court by filing the present petition under Article 226/227 of the Constitution of India.

2.

Notice served upon the official respondents through State counsel. 3.

Counsel for the petitioner submits that they are entitled for pre-mature release in view of the policy of the government but the authorities are not adhering to their request.

4.

Counsel for the State submits that in the present case, due to inclusion of jail offences, the concerned Committee did not accept to petitioner's request for premature release. On a question raised by this Court, State counsel submits that the petitioner's actual custody is more than 14 years and custody including remission is more than 20 years.

5.

Given above, it would be appropriate to direct the concerned Committee to reANJU RANI 2024.05.20 17:14 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh


CRM-M-1526-2024 consider the matter and take a fresh decision by passing a speaking and reasoned order without being influenced by the earlier order dated 11.01.2024. The concerned Committee to make all endeavours to take decision by 30.06.2024 but before 15.07.2024. In case, Committee takes any adverse decision, in that case, order so passed, be also communicated to the petitioner's counsel on his e-mail, which he will provide to counsel for the State today itself, to enable them to avail their other remedies in accordance with law. It is clarified that in case, the concerned Committee did not decide the matter within the time frame, this Court shall take serious note and then the petitioner will be at liberty to approach this Court for interim relief. 6.

Petition is partly allowed to the extent mentioned above. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 16.05.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.05.20 17:14 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh