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High Court of Punjab and HaryanaCRWP/8450/2024disposed of

Lallan Alias Pankaj v. State Of Haryana And Others

2024-09-02Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8450-2024 Date of decision: 02.09.2024 Lallan @ Pankaj ....Petitioner V/s State of Haryana and others ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.Varinder Singh Rana, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in this petition filed under Article 226 of the Contitution is for setting aside of order dated 06.08.2024 (Annexure P-2) passed by respondent No.1 whereby his prayer for being granted premature release has been rejected by the official respondents for a period of one year.

2.

Learned counsel for the petitioner submits that the petitioner fulfils the criteria and all the conditions for premature release as contained in Premature Release Policy dated 11.08.2008 which was subsequently endorsed on 13.08.2008 (Annexure P-1). Learned counsel for the petitioner has placed reliance upon the orders in CRWP-2160-2024 (Annexure P-7) and CRWP7818-2024 (Annexure P-8) passed by Coordinate Benches of this Court whereby it was held that case of premature release of a person could not be POONAM RATHORE 2024.09.03 10:33 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-8450-2024 -2deferred in case he fulfilled all the conditions contained in the premature release policy (Annexure P-1).

3.

Notice of motion.

4.

Ms. Trishanjali Sharma, DAG, Haryana accepts notice and does not dispute the legal position in view of the judgments referred to by the learned counsel for the petitioner.

5.

Resultantly, impugned order dated 06.08.2024 (Annexure P-2) is set aside. The State of Haryana is directed to reconsider the case of the petitioner for grant of premature release and pass an appropriate order in accordance with law, in terms of order passed by a Coordinate Bench of this Court in Pohlu @ Polu Ram vs. State of Haryan and others, in CRWP-8232-2022, within a period of six weeks from the date of receipt of certified copy of this order.

(MANJARI NEHRU KAUL) JUDGE September 02, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.09.03 10:33 I attest to the accuracy and authenticity of this document High Court Chandigarh