Punjab-Haryana High Court
Nand Kishore vs State Of Haryana And Others on 15 January, 2024
Author: Arun Palli
Bench: Arun Palli
2024: PHHC:005050-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP No.330 of 2024
Date of decision: 15.01.2024
Nand Kishore
...-Petitioner
Versus
State of Haryana and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Shivam Sharma, Advocate for
Mr. Hoshiar Singh Jaswal, Advocate
for the petitioner.
Mr. Ankur Mittal, Addl. A.G. Haryana and
Ms. Kushaldeep Kaur, Advocate.
3K 263K
VIKRAM AGGARWAL, J. (ORAL)
1. The prayer in the instant petition, preferred under Article 226 of
the Constitution of India, is for the issuance of directions to the respondents
to consider and decide the application submitted by the petitioner for release
on parole for a period of 10 weeks.
2. As per the averments in the petition, FIR No.315 dated
07.08.2018 was registered under Section 302, 460 and 34 IPC at Police
Station Farakpur, District Yamuna Nagar. The petitioner was tried and
convicted under Section 302/34 IPC vide judgment dated 02.09.2019. Vide
order of sentence of even date, he was sentenced to undergo imprisonment
for life. Against the said judgment, Criminal Appeal No.34-DB-2020 was
preferred which was admitted and is now pending adjudication before this
Court. The petitioner submitted an application on 10.09.2023 for grant of
REKHA SHARMA
2024.01.18 09:29
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integrity of this document
2024: PHHC:005050-DB
parole for 10 weeks as per the provisions of Section 3 of the Haryana Good
Conduct Prisoner's (Temporary Release) Act-2022 (hereinafter referred to as
the Act). The same has however, not been decided despite the lapse of more
than 03 months. It has been averred that as per the Act, the same should have
been decided within 7 weeks.
3. Learned counsel for the petitioner has submitted that there is no
justification for not deciding the application moved by the petitioner for the
grant of parole. He prays that a direction be issued to the respondents to
decide the same forthwith.
4. Mr. Ankur Mittal, Additional Advocate General, Haryana who
is present on an advance copy having been served upon the State of Haryana,
submits that the application is pending with the authorities and has not yet
been decided.
5. Having considered the matter, we dispose of the present writ
petition with a direction to the respondents to consider and decide the
application dated 10.09.2023 moved by the petitioner for the grant of parole
in accordance with law within a period of two weeks from today.
Nothing observed herein shall, however, be construed to be an
expression of opinion on the merits of the case.
(ARUN PALL] (VIKRAM AGGARWAL)
JUDGE JUDGE
January 15", 2024
Rekha
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
REKHA SHARMA
2024.01.18 09:29
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integrity of this document
