Criminal Misc. No.M-32536 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-32536 of 2008
Date of decision : 10.12.2008
Sher Singh .....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr.Surya Kant Gautam, Advocate for the petitioner.
Mr.S.S.Mor, Senior Deputy Advocate General, Haryana for
the respondent.
S. D. ANAND, J.
This Court disposed of the earlier parole plea of the petitioner
(Criminal Misc. No. M-24575 of 2008) on 23.10.2008 directing the
competent authority to pass an order on the parole plea of the petitioner-
prisoner within one month from the date of the order. It was further
directed that the competent authority shall pass an order in the light of the
observations made by this Court. This Court had invalidated the factual
premise noticed by the competent authority in earlier declining the parole
plea of the petitioner.
Interestingly enough, the competent authority passed an order
a day prior thereto i.e. 22.10.2008 declining the agriculture parole plea of
the petitioner by observing his release on parole may give rise to any
untoward incident ‘with the convict’ and there may be apprehension to ‘the
life of the convict’. The premise noticed by the competent authority is
apparently hypothetical in character. The plea for release on parole had
Criminal Misc. No.M-32536 of 2008 -2-
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been made by the prisoner himself.
In the circumstances of the case, it is directed that the
competent authority shall release the petitioner-prisoner on parole for a
period of one month by passing an order to that effect within three days
from today. This Court is constrained to pass that order in the peculiar
facts and circumstances of the case when it has been found that previous
parole plea was declined by the competent authority on one ground and,
on the second occasion, it was declined on an altogether different ground.
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 10, 2008 (S.D. ANAND) Pka JUDGE