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SANJAY KUMAR versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Sanjay Kumar v. State of Haryana & Ors. - CRM-38672-M-2006 [2006] RD-P&H 12950 (21 December 2006)

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

Crl. Misc. No. 38672-M of 2006.

Date of Decision: January 11, 2007.

Sanjay Kumar

....Petitioner

through

Mr. H.S.Jaswal, Advocate

Versus

State of Haryana & Ors.

...Respondents

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 prayer in this petition is to quash the order dated 25.5.2006 (Annexure P-1) passed by the Director General (Prisons), Haryana whereby the petitioner's request for temporary release on parole for house repairs was turned down on the ground that he was taken into custody on 3.1.2006 only and it was too early to release him on parole.

The view taken by the Director General of Prisons, Haryana, as noticed above, is one of the plausible view as the conduct and behaviour of a prison while in jail would normally have some bearing while considering his case for parole. No fault, thus, can be found with the impugned order.

However, during the pendency of this petition, the petitioner has already spent more than a year in custody. If during this period, the petitioner's house has not been got repaired through some other family members, it will be open for the petitioner to apply for parole for house repairs and if any such application is moved by him, the same shall be considered and disposed of within a period of one month from the date a certified copy of this order is received.

Disposed of.

January 11, 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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