Criminal Misc. No.M- 28205 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 28205 of 2008
Date of decision : 31.10.2008
Gurdial .....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: None for the petitioner.
S. D. ANAND, J.
The parole plea of the petitioner-prisoner was declined by the
competent authority vide order dated 18.9.2008 (Annexure P-3) by
observing that petitioner-prisoner having availed of parole once in the
current year for attending the marriage of his sister, is not eligible for parole
for the second time.
Notice of motion.
On the asking of the Court, Mr. S.S.Mor, learned Senior
Deputy Advocate General, Haryana accepts notice on behalf of the
respondents.
As none has appeared on behalf of the petitioner, the Registry
shall provide a copy alongwith its enclosures of the Criminal Misc. Petition
to the learned State Counsel.
The learned State counsel is not in a position to contest that a
prisoner can be considered for release on parole twice in a year. That
being so, the impugned order deserves invalidation and it is so ordered
accordingly.
Criminal Misc. No.M- 28205 of 2008 -2-
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The petition shall stand disposed of with a direction to the
competent authority to pass an order within one month from today in the
light of the above observations made by this Court. 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.
October 31, 2008 (S.D. ANAND) Pka JUDGE