Criminal Misc. No.M-3754 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-3754 of 2008
Date of decision : 1.12.2008
Jogi Ram .....Petitioner
Versus
State of Haryana ...Respondent
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Gurinderjit Singh, Advocate for the petitioner
Mr. S.S.Mor, Senior Deputy Advocate General, Haryana
S. D. ANAND, J.
The present-petitioner, whose plea for the release on parole to
be able to effect the repair of his house was declined by the competent
authority on the premise that house afore-mentioned does not require any
repairs, has filed the present petition for the grant of the parole request.
Learned counsel for the petitioner has made a precise
averment to the effect that his house, thus, require repairs. That averment
is supported by a certification (Annexure P-1) issued by the Municipal
committee, Barwala. As against it, the respondents have not placed on
record any certification/photograph to rebut it.
Needless to say, the owner of the house(petitioner-prisoner in
this case) is the best circumstanced to take a decision about whether the
house requires repair or not. If the competent authority differs with the
accused, it has to support its contrary view with adequate material to
support it.
Criminal Misc. No.M-3754 of 2008 -2-
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The petition shall stand allowed. The impugned order dated
4.10.2007 ( Annexure P/2) is set aside. The competent authority is
directed to pass an order afresh within fifteen 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.
December 01, 2008 (S. D. ANAND) Pka JUDGE