Ved Prakash v. State Of Haryana And Another





        

Date of Decision : August 12, 2024 VED PRAKASH -PETITIONER V/S STATE OF HARYANA AND ANOTHER -RESPONDENTS 

  





  
  

      

  



 



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 upon a report made by the District Magistrate, and, Sr. Superintendent of Police, Muzaffarnagar (U.P.), wherein, an apprehension qua the petitioner fleeing from the clutches of law, in case he is released on parole, was expressed.

5.

The above assigned reason appears to be an ill-informed reason, as it is not supported by any cogent evidence. If so, without existence of the above tangible evidence on record, the respondent No.2, who drew the order (Annexure P-1), could not draw it, whereby, it rejected the claim for parole, as preferred before it by the petitioner. 6.

Not only this, the reply dated 27.02.2024, as became furnished on affidavit of Amit Kumar, Superintendent, District Prison, Karnal, makes revelations that, earlier the petitioner was granted the concession of parole/ furlough on five occasions, details whereof are extracted hereinafter, and, every time he had surrendered on time, without any default. Sr.

No.

Date of Release Date of Surrender Parole/ Furlough Remarks, if any Granted by Competent Authorities 1.

26.08.2015 24.09.2015 weeks'

parole Surrender on due date Commissioner, Karnal Division, Karnal 2.

22.03.2016 30.03.2016 week parole Surrender on due date In compliance of order dated 21.01.2016 in CRWP-29-2016

3.

18.01.2019 08.02.2019 days'

furlough Surrender on due date Commissioner, Karnal Division, Karnal.

4.

02.05.2020 14.04.2021 Special Parole Surrender on due date Hon'ble High Power Committee 5.

26.05.2021 03.10.2021 Special Parole Surrender on due date Hon'ble High Power Committee 7.

In view of what has been stated above, this Court deems it fit and appropriate not to curtail the liberty of the petitioner. 8.

In sequel, after allowing the present petition, the petitioner is ordered to be released from the prison concerned, by the Superintendent of the prison concerned, from the period commencing from the morning of 16.08.2024 to the evening of 25.10.2024. On expiry of the above term of parole, the petitioner shall forthwith re-step into the prison concerned and if he does not do so, thereupon the SHO of the jurisdictional police station concerned shall forthwith arrest the petitioner and thereafter, shall produce him before the learned Judicial Magistrate concerned. 9.

Personal surety bonds comprised in a sum of Rs.50,000/- are ordered to be furnished by the petitioner, before the learned Magistrate concerned.

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(KULDEEP TIWARI) August 12, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No