Criminal Misc. No.M-27924 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-27924 of 2008
Date of decision : 24.10.2008
Sanjay Kumar .....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. H.S.Jaswal, Advocate the petitioner.
S. D. ANAND, J.
The petitioner-prisoner applied for parole in order to able to
attend the marriage of his brother-in-law’s daughter (wife’s brother’s
daughter) to be solemnised on 3.11.2008.
Notice of motion.
On the asking of the Court, Mr. S.S.Mor, learned Senior
Deputy Advocate General, Haryana accepts notice on behalf of
respondents.
There is a precise averment in the course of the petition that
petitioner is undergoing incarceration for the last about three years and he
has not availed of parole during this period. It is also averred otherwise he
has not committed any jail offence either during that period.
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;
Criminal Misc. No.M-27924 of 2008 -2-
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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 daughter of his brother-in-law
(wife’s brother’s daughter) to be solemnised on 3.11.2008. If
the averment is found to be factually incorrect, the competent
authority may pass an order to the contrary.
c) The exercise shall be concluded within a reasonable period
so that the 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.
October 24, 2008 (S.D. ANAND) Pka JUDGE