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NARENDER versus THE STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Narender v. The State of Haryana - CRM-50371-M-2006 [2006] RD-P&H 12866 (19 December 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 50371-M of 2006.

Date of Decision: January 09, 2007.

Narender

....Petitioner

through

Mr. A.S.Trikha, Advocate

Versus

The State of Haryana

...Respondent

through

Mr. Tarun Aggarwal, Sr.DAG, Haryana.

CORAM:
HON'BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)

The petitioner, who is a life convict, is aggrieved at the order dated 2.8.2006 (Annexure P-1) passed by the Director General of Prisons, Haryana, declining him parole sought for agricultural purposes. The petitioner has been denied parole on the ground that the ancestral land owned by him is being looked after by his mother and two brothers.

In the written statement, the respondents have reiterated their stand and have averred that after the death of his father, though the petitioner is the exclusive owner of half acre of agricultural land, however, the same is looked after by his two brothers.

Learned counsel for the petitioner on the other hand submits that the petitioner's two brothers are minors and are, thus, unable to look after the agricultural land.

Be that as it may, once the petitioner is admitted to be owner of agricultural land, there appears to be no reason to decline parole to him for agricultural purposes on the ground that the land is being looked after by his mother and two brothers.

Consequently, this petition is allowed; the order dated 2.8.2006 (Annexure P-1) is quashed and the Director General of Prisons, Haryana is directed to reconsider the petitioner's request for agricultural parole in the light of the observations made herein above and take appropriate decision within a period of one month from the date a certified copy of this order is received.

Disposed of.

January 09, 2007. ( SURYA KANT )

dinesh JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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