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High Court of Punjab and HaryanaCRWP/7885/2024disposed of

Virender Singh v. State Of Haryana And ORS

2024-09-25Ms. Justice Kirti Singh2 pages

CRWP-7885-2024 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.280 CRWP-7885-2024 Date of decision : 25.09.2024 VIRENDER SINGH ..... Petitioner

VERSUS

STATE OF HARYANA AND ORS ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Krishan Singh, Advocate for the petitioner.

Mr. Gaurav Bansal, DAG, Haryana.

***** KIRTI SINGH, J. (Oral) This petition under Article 226 of the Constitution of India has been filed for quashing of the impugned order dated 07.08.2024 (Annexure P-4) passed by respondent No.1 whereby the claim of the petitioner for grant of premature release has been rejected.

2.

Learned counsel for the petitioner submits that vide order dated 07.08.2024, Respondent No. 1 has deferred the petitioner's case for premature release by one year solely on the ground that he is involved in another FIR No. 365 dated 20.10.2016, registered under Section 25 of the Arms Act at Police Station Ballabgarh. It is relevant to mention that the petitioner has already been acquitted in the said FIR by the Ld. Judicial Magistrate 1st Class, Faridabad, vide judgment dated 30.05.2024. Despite this acquittal, the fact was not taken into consideration in the rejection order. Furthermore, the petitioner was released on interim bail on 08.05.2024 while the recommendation for premature release was under consideration. KAVITA NAIN 2024.09.27 14:14 I attest to the accuracy and integrity of this document order/judgment

CRWP-7885-2024 2 However, vide order dated 07.08.2024, the petitioner's premature release has been rejected on the above-stated ground.

3.

In view of the order dated 08.05.2024, the petitioner is directed to surrender before the Central Jail, Hisar. However, the authorities on receipt of an application from the petitioner are directed to decide the same within a period of four weeks, taking into consideration the afore-noted contention made in this order.

4.

Petition stands disposed of accordingly.

(KIRTI SINGH) JUDGE 25.09.2024 Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2024.09.27 14:14 I attest to the accuracy and integrity of this document order/judgment