Criminal Misc. No.M-1721 of 2008 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-1721 of 2008
Date of decision : 27.8.2008
Jarnail Singh .....Petitioner
Versus
State of Punjab and another ...Respondents
****
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Ms. B.P.K. Brar, Advocate for the petitioner.
Ms. Manjari Nehru, Deputy Advocate General, Punjab
S. D. ANAND, J.
The agriculture parole plea filed by the petitioner-prisoner
was declined by the competent authority in view of a report furnished
by District Magistrate, Gurdaspur, that the past conduct of the
petitioner-prisoner did not entitle him to release on parole. The
District Magistrate based his report upon the information furnished by
Senior Superintendent of Police, Gurdaspur. The impugned order
indicates that the parole plea was being declined as the petitioner-
prisoner had over stayed a parole release in the year 2006 and he
had to be arrested in pursuance of a case which came to be
registered against him on that account.
Learned counsel for the petitioner-prisoner argues that
though she is not in a position to contest the correctness of the
above averment, the further release of the petitioner-prisoner on
Criminal Misc. No.M-1721 of 2008 -2-
****
parole could have been denied to him only for a period of one year
following the violation.
Learned State counsel states that she is not in a position
to deny the averment for want of instructions in the relevant behalf.
In the light of the fore-going discussion, the impugned
order is set aside. The competent authority is directed to decide the
parole plea of the petitioner afresh within one month from today.
Disposed of accordingly.
August 27, 2008 (S. D. ANAND) Pka JUDGE
Note: Whether to be referred to Reporter: Yes/No