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High Court of Punjab and HaryanaCRWP/6997/2021disposed of

Naresh v. State Of Haryana And Others

2021-07-29Mr. Justice Rajesh Bhardwaj2 pages

CRWP-6997-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6997-2021 Date of Decision: July 29, 2021 Naresh .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Prateek Rathee,Advocate for the petitioner.

........

RAJESH BHARDWAJ, J. (ORAL) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

Instant petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari for quashing the order dated 13.05.2021 (Annexure P-1) passed by the Commissioner, Faridabad Division, Faridabad, vide which case of the petitioner for temporary release on furlough has been dismissed. It has been contended that the petitioner was falsely implicated in a frivolous case while he was on parole. He further contends that the petitioner has availed the parole earlier also but never misused the same. Hence, the apprehension of committing other offences is totally unsustainable in the eyes of law.

Issue notice of motion.

On the asking of the Court, Mr.B.S.Virk, Deputy Advocate General, Haryana, accepts notice on behalf of the respondents. MEENU 2021.07.29 17:06 I attest to the accuracy and authenticity of this document chandigarh

CRWP-6997-2021 -2After hearing both the parties, the Court finds it appropriate that the impugned order be set aside with a direction to respondent No.2Commissioner, to reconsider the prayer of the petitioner afresh and decide the same within a month from today.

Ordered accordingly.

Petition is disposed of in the above terms.

July 29, 2021 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2021.07.29 17:06 I attest to the accuracy and authenticity of this document chandigarh