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INDER versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Inder v. State of Haryana & Ors. - CRM-3551-M-2007 [2007] RD-P&H 764 (22 January 2007)

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

Crl. Misc. No. 3551-M of 2007.

Date of Decision: January 19, 2007.

Inder

....Petitioner

through

Mr.Pankaj Nanhera, 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)

Notice of motion.

Mr. Tarun Aggarwal, learned Sr. DAG, Haryana, accepts notice.

The petitioner, who is a life convict, is aggrieved at the order dated 13.10.2006 passed by the Director General of Prisons, Haryana whereby the petitioner's request for Furlough has been turned down on the ground that there is apprehension of breach of peace and as far as his family members are concerned, they can visit and meet him in jail.

The temporary release of a prisoner on Furlough is governed by Section 4 read with Section 6 of the Haryana Good Conduct Prisoners' (Temporary Release) Act, 1988. Undoubtedly, if there is an apprehension of breach of law and order, a convict can be denied his release on Furlough.

However, to arrive at such a conclusion, there must be some material to substantiate the same.

From the impugned order, it is not discernible as to on what basis the District Magistrate, Panipat has apprehended the breach of peace if the petitioner is released on Furlough.

There are several remedial measures which the District Administration can take to ensure that the petitioner does not misuse his temporary release on Furlough and does not indulge in any kind of criminal activity. Apart from his personal bonds, his family members, respectables of the village including Sarpanch of the Gram Panchayat can be asked to furnish their personal bonds. In addition, the petitioner can be asked to report to the nearest police station at least twice a week.

For the reasons afore-stated, this petition is allowed to the extent that the order dated 13.10.2006 is quashed and a direction is issued to the respondents to reconsider the petitioner's request in the light of the observations made herein above and pass an appropriate order within a period of two months from the date a certified copy of this order is received.

Disposed of.

January 19, 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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