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High Court of Punjab and HaryanaCRWP/2258/2019allowed

Hemant @ Mithun v. State Of Haryana And Others

2020-01-16Mr. Justice Ajay Tewari,Mr. Justice Avneesh Jhingan2 pages

CRWP No.2258 of 2019 -1- 

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CRWP No.2258 of 2019 Date of Decision: 16.01.2020 Hemant @ Mithun Petitioner

Versus

State of Haryana and others Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Sanjeev Majra, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

**** AJAY TEWARI, J (Oral):

[1] Through this petition, the petitioner has sought for a writ in the nature of certiorari for quashing of the speaking order dated 17.02.2019 [Annexure P-1] passed by respondent No.2 whereby benefit of furlough to the petitioner has been denied so also for issuance of a writ in the nature of mandamus directing the respondents/State to grant the benefit of furlough to the petitioner for a period of three weeks to enable him to meet his family members and for restoring social ties.

[2] The petitioner was convicted and sentenced to undergo life imprisonment under Section 302, 34 of IPC in FIR No.906/2012 registered at P.S. City Bhiwani, Bhiwani.

[3] Learned State counsel submits that benefit of furlough PANKAJ BAWEJA 2020.01.20 16:12 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh

CRWP No.2258 of 2019 -2has been declined to the petitioner on the ground that he is a habitual criminal and may abscond.

[4] It is, however, not disputed that the petitioner was released on parole for 28 days from 09.05.2017 to 07.06.2017 and surrendered back on time without committing any offence during that time.

[5] In the circumstances, wee see no reasons to deny prayer to release the petitioner on furlough for three weeks. [6] The petition is allowed. The impugned order dated 17.02.2019 [Annexure P-1] is quashed. The petitioner is granted furlough for three weeks from the date of release to the satisfaction of the District Magistrate concerned, who is further directed to impose such conditions as are required to secure the presence of the petitioner in jail after the period of furlough is over. [AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE January 16, 2020     

         



    PANKAJ BAWEJA 2020.01.20 16:12 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh