SOBHA RAM versus MRS.SARLA CHAUDHARY,

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Sobha Ram v. Mrs.Sarla Chaudhary, - CRM-66968-M-2006 [2006] RD-P&H 12956 (21 December 2006)

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

Crl. Misc. No. 66968-M of 2006.

Date of Decision: January 11, 2007.

Sobha Ram

....Petitioner

through

Mrs.Sarla Chaudhary, Advocate

Versus

The State of Punjab & Anr.

...Respondents

through

Mr. B.S.Baath, AAG, Punjab.

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 permanent resident of Uttar Pradesh and has been convicted for an offence under Section 302 IPC and is undergoing life imprisonment, has been denied temporary release on parole which he sought to meet his old parents and to get his house repaired on the ground that there is every likelihood that he would not surrender in jail in time.

After hearing learned counsel for the parties, I am of the considered view that the petitioner, on account of his good behaviour and conduct in jail, has become eligible for temporary release on parole and has already spent more than eight years in side the jail, can not be refused parole merely on the basis of the above noticed apprehension.

In order to ensure that on expiry of the parole period, the petitioner surrenders back and undergoes remainder of the sentence, various remedial measures can be taken by the respondents, which may include not only the personal security bonds for heavy amount but also the sureties by respectables of the place of the petitioner's origin.

Consequently, this petition is allowed to the extent that the impugned order dated 1.6.2006 (Annexure P-1) is quashed and a direction is issued to the Additional Director General of Prisons, Punjab, to reconsider the petitioner's request for grant of parole to meet his old parents and to get his house repaired in the light of the observations made herein above, within two months from the date a certified copy of this order is received.

Disposed of.

January 11, 2007. ( SURYA KANT )

dinesh JUDGE

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