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ARUN @ SHANKAR versus STATE OF HARYANA & ANR.

High Court of Punjab and Haryana, Chandigarh

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Arun @ Shankar v. State of Haryana & Anr. - CRM-8294-M-2007 [2007] RD-P&H 1343 (9 February 2007)

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

Crl. Misc. No.8294-M of 2007

Date of decision: February 9, 2007.

Arun @ Shankar

...Petitioner(s)

v.

State of Haryana & Anr.

...Respondent(s)

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. Present: Shri Suveer Sheokand, Advocate for the petitioner.

ORDER

Notice of motion.

Shri Tarun Aggarwal, learned Sr. Dy. Advocate General, Haryana, accepts notice.

The petitioner, who is a life convict under section 302 IPC, is aggrieved at the order dated 7.12.2006 (Annexure P1) passed by Director General of Prisons, Haryana, denying him parole for house repair on the ground that the whole family of the prisoner is staying together and as such the other members can carry out necessary repairs.

In order to counter the aforesaid reason, it is averred by the petitioner that his parents are quite old and physically incapacitated to get the house repaired. It is also averred that there is no other male member in the family who can do the needful.

Though, in the case of a joint family, living under the same roof, the reason assigned by the respondent-authorities is quite plausible and warrants no interference by this court, however, if the plea taken by the petitioner is factually correct, his case may require reconsideration.

Consequently, this petition is disposed of with liberty to the petitioner to move another application along with supporting material and if any such application is made by him, the respondents are directed to reconsider and dispose of the same in accordance with law within a period of three months of the receipt thereof.

Disposed of.

February 9, 2007. [ Surya Kant ]

kadyan 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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