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MAHENDER versus MR. SHAILENDER SHARMA,

High Court of Punjab and Haryana, Chandigarh

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Mahender v. Mr. Shailender Sharma, - CRM-51333-M-2006 [2006] RD-P&H 12953 (21 December 2006)

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

Crl. Misc. No. 51333-M of 2006.

Date of Decision: January 11, 2007.

Mahender

....Petitioner

through

Mr. Shailender Sharma, 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)

In this petition under Section 482 Cr.P.C. the petitioner seeks quashing of the order dated 9.2.2005 (Annexure P-5) whereby his request for temporary release on parole for agricultural purposes has been turned down on the ground that he does not own any agricultural land in village Hansapur.

The petitioner, however, has taken a stand that the land which he owned in village Hansapur has been sold by him and he has purchased agricultural land in village Jawan, Tehsil Ballabgarh, District Faridabad.

If the afore-stated stand taken by the petitioner is factually correct and if his case falls within the ambit of Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, the petitioner would undoubtedly be entitled for parole for agricultural purposes.

Consequently, this petition is allowed to the extent that the impugned order dated 9.2.2005 (Annexure P-5) is quashed and a direction is issued to the Director General (Prisons), Haryana to reconsider the petitioner's request after getting it verified as to whether or not the petitioner owns agricultural land in village Jawan, Tehsil Ballabgarh, District Faridabad and dispose of the application in accordance with law 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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