Vinod Kumar @ Londi vs State Of Punjab And Ors
2021 Latest Caselaw 2139 P&H

  IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGAR



                                                CRWP-4313-2021 (O & M)
                                                Date of decision: 26.07.2021
Vinod Kumar @ Londi
                                                                 .... Petitioner
           V/s

State of Punjab                                               ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
       HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:     Mr. R.P. Dhir, Advocate, for the petitioner.

             M. H.S. Grewal, Addl.A.G., Punjab.

             *****

Rajan Gupta, J. (Oral

Case has been heard through Video Conferencing in view of

COVID-19 pandemic.

Grievance of the petitioner is that impugned order dated 23 rd

March, 2021, Annexure P-1 has been passed without considering the fact

that the petitioner has been acquitted in five cases and the judgment dated

April 26, 2010 in a case titled as Varun @ Gullu Versus State of Haryana

(CRM-M-34013-2009). According to learned counsel, the prayer for release

on parole has been rejected simply on the plea that there would be danger to

the breach of peace and there are chances of petitioner again joining

unlawful activities leading to breach of law and order situation. According

to him, this finding has been arrived at without any material on record.

In view of the above, we propose to remit the case to the same

authority for a decision afresh. Mr. Grewal, learned State counsel has no

objection to this.

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 CRWP-4313-2021 (O & M)                                               ::2::

Under the circumstances, impugned order dated 23 rd March, 2021

is hereby set aside. Matter is remitted to the same authority for a decision

afresh after granting an opportunity of hearing to the petitioner. The matter

shall be decided at the earliest, in any case, not later than two weeks.

Learned counsel for the petitioner shall be at liberty to cite judgment(s) he

seeks to place reliance upon.

Allowed in these terms.

(RAJAN GUPTA) JUDGE

(KARAMJIT SINGH ) JUDGE July 26, 2021 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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