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High Court of Punjab and HaryanaCRWP/7792/2023allowed

Amit Kamboj v. State Of Haryana And Others

2024-10-29Mr. Justice Anoop Chitkara1 pages

CRWP-7792-2023     IN THE HIGH COURT OF PUNJAB AND HARYANA  AT CHANDIGARH  CRWP No.7792 of 2023 (O&M) Date of Decision: 29.10.2024 Amit Kamboj

...Petitioner

Versus  State of Haryana and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA ***

Present:

Mr. Munish Mittal, Advocate for the petitioner(s).

Mr. Ashish Bishnoi, DAG, Haryana.

***  Aggrieved by dismissal of the application for pre mature release, the petitioner has come up before this Court under Article 226 of the Constitution of India read with section 482 Cr.P.C. by filing the present petition.  2.

State while referring to the detailed reply so filed, submits that massive criminal history is one of the reasons for such dismissal. 3.

The petitioner's counsel submits that the cases which are closed and where the sentence stands complete, cannot be counted for the purpose of denying the remission to the petitioner. He further submits that the State be directed to consider his case afresh. 4.

On this, State counsel submits that there are some matters which are pending. 5.

In the entirety of the facts and circumstances, the present petition is partly allowed and impugned order is quashed and set aside. The concerned Officer is directed to look into the matter again by considering all the pending matters and not the closed ones and the same be decided afresh positively by 15.01.2025. Petitioner is also at liberty to approach afresh with changed grounds also, if he wants to so do. However, liberty reserved to the petitioner to come to this Court again if need so arises. Pending application(s) if any, also stand disposed of.

 29.10.2024 (ANOOP CHITKARA) Sonia Puri JUDGE  Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.  Sonia Puri 2024.10.29 19:13 I attest to the accuracy and integrity of this document