Birju v. State Of Haryana And Others

2023:PHHC:056766-DB CRWP No.3665 of 2023 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.3665 of 2023 Date of Decision: 20.04.2023 Birju ......Petitioner

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA

Present:

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

Mr. Sharan Sethi, Addl.AG, Haryana.

HARINDER SINGH SIDHU, J The petitioner, who is undergoing sentence after having been convicted under Section 363 IPC and Section 6 of POSCO Act in case FIR No.550 dated 17.07.2016, applied for parole and his application was sent to the Divisional Commissioner vide despatch No.7907-10 dated 29.06.2022. Learned counsel for the petitioner has referred to relevant provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2002 (for short "the Act") and the Government Instructions vide which it is provided that such application for parole/furlough are to be disposed of within the prescribed time but despite the same, no decision on the application of the petitioner has been taken by the Competent Authority so far. Notice of motion.

Sh. Sharan Sethi, Addl.AG, Haryana who is present in Court, accepts notice on behalf of the respondent-State. Having heard learned counsel for the parties and taking into account the facts of the present case, this petition is disposed of with a direction to the concerned competent Authority to decide the application of the petitioner by passing a speaking order by adhering to the provisions of the Act within a period of two weeks from today.

(HARINDER SINGH SIDHU) JUDGE April 20, 2023 (LALIT BATRA) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2023.04.21 18:28 I attest to the accuracy and integrity of this document