Babu Lal vs State Of Haryana And Others
2024 Latest Caselaw 7456 P&H

Punjab-Haryana High Court

Babu Lal vs State Of Haryana And Others on 8 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                               2024:PHHC: 047451

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH

             290                                        CRWP-12291-2023
                                                        Date of decision: 08.04.2024

             BABU LAL                                                      .... PETITIONER(S)
                                                              VERSUS

             STATE OF HARYANA AND OTHERS                                 ... RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Rahul Deswal , Advocate
                                      for the petitioner(s).

                                      Mr. Kanwar Sanjiv Kumar, Asstt. A.G., Haryana.

                       ****
             JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition is under Article 226 of

Constitution of India read with Section 482 Cr.P.C. for quashing of the

impugned order dated 29.11.2023 (Annexure P-3) passed by the respondent

No.1, whereby the prayer for grant of premature release has been deferred

for three years despite fulfilling all the conditions of Premature Release

Police dated 13.08.2008 (Annexure P-2).

The learned counsel for the petitioner contends that in view of

the judgment in the case of "Pholu @ Polu Ram Vs. State of Haryana and

Ors." in CRWP-8232-2022 decided on 05.02.2024 and "Raju @ Rajesh Vs.

State of Haryana and Ors." in CRWP-2160-2024 decided on 11.03.2024

passed by the Co-ordinate Bench of this Court, the impugned order whereby

the case of premature release of the petitioner was deferred for 3 years could

not have been passed.

authenticity of this order/judgment Punjab & Haryana High Court, CHD

The State counsel accepts the aforementioned legal position in

view of the above-mentioned judgments passed by the Co-ordinate Bench of

this Court.

In view of the above, the impugned order dated 29.11.2023

stands quashed.

The State of Haryana is directed to re-consider the case of the

petitioner for the grant of premature release and pass an order in accordance

with law within a period of 6 weeks from the date of receipt of certified copy

of the order passed by this Court.

Disposed of .

                                                                       (JASJIT SINGH BEDI)
                                                                            JUDGE
             08.04.2024
             Kusum


                                      Whether speaking/reasoned        Yes/No
                                      Whether Reportable               Yes/No

authenticity of this order/judgment Punjab & Haryana High Court, CHD