High Court of Punjab and HaryanaCRWP/4313/2021allowed

Vinod Kumar @ Londi v. State Of Punjab And ORS

2021-07-26Mr. Justice Rajan Gupta,Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGAR

CRWP-4313-2021 (O & M) Date of decision: 26.07.2021 Vinod Kumar @ Londi .... Petitioner V/s State of Punjab

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. R.P. Dhir, Advocate, for the petitioner. M. H.S. Grewal, Addl.A.G., Punjab.

***** Rajan Gupta, J. (Oral Case has been heard through Video Conferencing in view of COVID-19 pandemic.

Grievance of the petitioner is that impugned order dated 23rd March, 2021, Annexure P-1 has been passed without considering the fact that the petitioner has been acquitted in five cases and the judgment dated April 26, 2010 in a case titled as Varun @ Gullu Versus State of Haryana (CRM-M-34013-2009). According to learned counsel, the prayer for release on parole has been rejected simply on the plea that there would be danger to the breach of peace and there are chances of petitioner again joining unlawful activities leading to breach of law and order situation. According to him, this finding has been arrived at without any material on record. In view of the above, we propose to remit the case to the same authority for a decision afresh. Mr. Grewal, learned State counsel has no objection to this.

SUKHPREET KAUR 2021.07.26 01:15 I attest to the accuracy and integrity of this document

CRWP-4313-2021 (O & M) ::2::

Under the circumstances, impugned order dated 23rd March, 2021 is hereby set aside. Matter is remitted to the same authority for a decision afresh after granting an opportunity of hearing to the petitioner. The matter shall be decided at the earliest, in any case, not later than two weeks. Learned counsel for the petitioner shall be at liberty to cite judgment(s) he seeks to place reliance upon.

Allowed in these terms.

(RAJAN GUPTA) JUDGE (KARAMJIT SINGH ) JUDGE July 26, 2021 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2021.07.26 01:15 I attest to the accuracy and integrity of this document