Jinder Singh vs State Of Haryana And Others on 19 November, 2008

Criminal Misc. No.M-30356 of 2008                               -1-

                                      ****


IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                         Criminal Misc. No.M-30356 of 2008
                         Date of decision : 19.11.2008
Jinder Singh                                             .....Petitioner

                           Versus
State of Haryana and others                              ...Respondents

CORAM : HON'BLE MR. JUSTICE S. D. ANAND


Present:    Mr. Surender Deswal, Advocate for the petitioner.

                                      ****

S. D. ANAND, J.

Criminal Misc. No. 53310 of 2008

Allowed as prayed for.

Criminal Misc. No.M-30356 of 2008

Learned counsel for the petitioner argues in favour of the

allowance of the premature release plea of the petitioner on the plea of

parity in terms of the orders passed by Coordinate Benches of this Court

( Surya Kant, J. and Sham Sunder, J.) in Criminal Misc. No. 49734-M of

2006 and order dated 30.5.2008 passed in Criminal Misc. No. M-14246 of

2008 respectively (Annexures P/7 and P/8.)

Learned counsel for the petitioner states that petitioner would

be content and interest of justice would be served if a direction is issued to

the competent authority to pass an order afresh in the light of the

observations made by this Court in order dated 14.3.2007 passed in

Criminal Misc. No. 49734-M of 2006 (Annexure P-7) and order dated

30.5.2008 passed in Criminal Misc. No. M-14246 of 2008 (Annexure P-8).
Criminal Misc. No.M-30356 of 2008 -2-

****

Notice of motion.

Mr. Amit Kaushik, learned Assistant Advocate General,

Haryana accepts notice on behalf of the respondents.

Learned State counsel has no objection to the grant of request

made by the learned counsel for the petitioner.

The petition shall stand disposed of accordingly with a

direction to the competent authority to consider the premature release case

of the petitioner in the light of the observations made by the Coordinate

Benches ( Surya Kant, J. and Sham Sunder, J.) in the orders Annexures

P/7 and P/8.. The exercise shall be concluded within one month from

today. It will be for the State counsel to communicate the order to the

competent authority.

Copy of the order be given to the learned State counsel under

the signatures of the Court Secretary.

November 19, 2008                                   (S. D. ANAND)
Pka                                                      JUDGE