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High Court of Punjab and HaryanaCRWP/11291/2021allowed

Kanwar Singh Alias Bholu v. State Of Haryana And Others

2022-02-22Mr. Justice Anoop Chitkara2 pages

CRWP-11291-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-11291-2022

Reserved on:14.02.2022

Pronounced on : February 22 ,2022 Kanwar Singh alias Bholu

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr.Randeep S. Dhull, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 04.10.2010 Sahlawas, District Jhajjar 396, 395 read with section 120-B IPC Case no. before High CRA-S-5009-SB of 2014 Court The petitioner who is undergoing his sentence in the case captioned above, has come up before this Court under Article 226 of the Constitution of India for issuance of writ in the nature of certiorari for quashing of the speaking order dated 18.11.2021 (Annexure P-1) vide which parole of the petitioner was denied by respondent No.4. 2.

Sometime on 18 Nov 2021, the convict had made a written request to the concerned Jail Superintendent for release on parole for agriculture work.However vide order dated 18-11-2021, Annexure P-1, the request was turned down. Feeling aggrieved, the convict had filed this writ petition. The State filed its response and gave reasons for not sanctioning the parole.

3.

The petitioner had sought parole for the specific purpose of doing agriculture work. Agriculture work varies from season to season, depending upon geographical location, irrigation facility, and soil quality. There is nothing in the petition to conclude the crop for which the petitioner wanted parole and to do which activity. SONIA ARORA 2022.02.23 10:42 I attest to the accuracy and integrity of this document

CRWP-11291-2022 4.

Given above, in the peculiar facts and circumstances mentioned in the petition, the petitioner may make a fresh request for parole, and the concerned authority shall decide the same within the statutory period and in the absence of rules or instructions within two weeks of the presentation of such application. Petition is partly allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE February 22, 2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.02.23 10:42 I attest to the accuracy and integrity of this document