High Court of Punjab and HaryanaCRWP/3565/2021disposed of

Ajmer v. The State Of Haryana And Others

2021-09-01Mr. Justice Harnaresh Singh Gill2 pages

CRWP No. 3565 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRWP No. 3565 of 2021 Date of Decision: 01.9.2021 Ajmer ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Susheel Guatam, Advocate for the petitioner.

Mr. Pardeep Prakash Chahar, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. This is a petition under Article 226 of the Constitution of India for issuance of a writ directing respondent No. 2 to grant four weeks' parole to the petitioner for repair of the house, under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and to set aside the order dated 25.2.2021 (Annexure P-1), passed by the Commissioner, Karnal Division, District Karnal. Learned counsel for the petitioner submits that the petitioner is a life convict and has applied for parole for the repair of his house, which was rejected vide the impugned order dated 25.5.2021 (Annexure P-1) on the ground that a mobile phone was recovered from him on 21.8.2016. He further submits that vide order dated 4.4.2019, passed by a Co-ordinate Bench of this Court, the petitioner was granted parole while relying upon GURPREET SINGH 2021.09.06 17:26 I attest to the accuracy and integrity of this document Chandigarh

CRWP No. 3565 of 2021 -2the decision passed by a Division Bench of this Court in CRWP No. 1374 of 2017, titled Gurdeep Singh versus State of Haryana and others, decided on 07.12.2017. Learned counsel also submits that so far as FIR No. 735 dated 28.8.2016 under Section 42 of the Prisons Act, 1894, registered at Police Station Sadar Karnal, is concerned, the petitioner has been acquitted in the said case on 18.8.2021.

On the other hand, learned State counsel submits that the statutory period of five years is over and the case of the petitioner for grant of parole, can be re-considered by the department. Keeping in view the above, the present petition is disposed of with a direction to Commissioner, Karnal Division, District Karnalrespondent No. 2 to consider the case of the petitioner afresh, for grant of parole.

(HARNARESH SINGH GILL) JUDGE September 01, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.09.06 17:26 I attest to the accuracy and integrity of this document Chandigarh