High Court Punjab-Haryana High Court

Afsar vs State Of Haryana And Others on 27 November, 2008

Punjab-Haryana High Court
Afsar vs State Of Haryana And Others on 27 November, 2008
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGRH


                                      Crl. Misc. No. M-31160 of 2008

                            Date of Decision: November 27, 2008


Afsar

                                                        ... Petitioner

                                Versus

State of Haryana and others.

                                                    ... Respondents


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


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

                                 ****


S.D. Anand, J.

Crl. Misc. No. 54820 of 2008

Allowed, as prayed for.

Crl.Misc. No.31160 of 2008

The grievance of the petitioner – prisoner is that his

request for release on parole in order to be able to attend the

marriage of his daughter which is scheduled for 15.12.2008 has

not been disposed of by the Competent Authority.

Notice of motion.

Crl. Misc. No. M-31160 of 2008 2

On the asking of the Court, Mr. S.S. Mor, Senior

Deputy Advocate General, Haryana, accepts notice on behalf of

the State.

The petition shall stand disposed of accordingly with

the following directions to the Competent Authority:-

a) The respondents shall ascertain the correctness or

otherwise of the averment made by the petitioner;

b) If the factual averment is found to be correct, the

petitioner shall be released on parole for a reasonable

period to enable him to attend the marriage of his

daughter to be solemnized on 15.12.2008. If the

averment is found to be factually incorrect, the

Competent Authority may pass an order to the

contrary. The release shall, of course, be subject to the

furnishing of adequate surety etc. by the petitioner –

prisoner.

c) The exercise shall be concluded within a reasonable

period so that purpose of grant thereof is not defeated

in any manner.

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 27, 2008                                       ( S.D. Anand )
vkd                                                            Judge
 Crl. Misc. No. M-31160 of 2008   3