Shamsher vs State Of Haryana And Others
2024 Latest Caselaw 9236 P&H

Punjab-Haryana High Court

Shamsher vs State Of Haryana And Others on 30 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                        Neutral Citation No:=2024:PHHC:058915



 CRWP-2201-2024            #1#                      2024:PHHC:058915

        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH.


                                                            CRWP-2201-2024

                                                 Date of Decision:-30.04.2024

Shamsher.

                                                                   ......Petitioner.
                                       Vs.

State of Haryana & Ors.

                                                                ......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:-   Mr. Varinder Singh Rana, Advocate for the Petitioner.

            Mr. Rajiv Goel, Deputy Advocate General, 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 11.12.2023 (Annexure P-24) 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

Policy dated 11.08.2008 endorsed on 13.08.2008 (Annexure P-1).

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.

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Neutral Citation No:=2024:PHHC:058915

CRWP-2201-2024 #2# 2024:PHHC:058915

The State counsel has filed reply by way of affidavit of Mr.

Jagjit Singh, Inspector General of Prisons, Haryana, O/o Director General of

Prisons, Haryana, Sector 14, Panchkula in court today which is taken on

record and 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 11.12.2023

(Annexure P-2) 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
April 30, 2024
Vinay
        Whether speaking/reasoned                    Yes/No
        Whether reportable                           Yes/No




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