Punjab and Haryana High Court
CRWP/1484/2017 of AJIT Vs STATE OF HARYANA AND ORS on 28 December 2017
of 2017 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 1484 of 2017 Date of decision: 28.12.2017 Ajit ....Petitioner(s) Versus State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA HON'BLE MR. JUSTICE SUDHIR MITTAL Present: Mr. Ranjeet Saini,
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ajit
CRWP No. 1484 of 2017Date of decision: 28.12.2017 ....Petitioner(s)
Versus
State of Haryana and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA HON'BLE MR. JUSTICE SUDHIR MITTAL
Present:Mr. Ranjeet Saini, Advocate, for Mr. Krishan Singh, Advocate, for the petitioner.
Ms. Kirti Singh, DAG, Haryana.G.S.SANDHAWALIA, J. (Oral)
In the present criminal writ petition filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. read with Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, the petitioner seeks 4 weeks emergency parole. The ground for parole is that his wife is expecting and is in an advanced stage of pregnancy. The expected date of delivery is stated to be 11.01.2018 and it is the case of the petitioner that an application has been filed with respondent no. 2 for the necessary relief. Reliance has also been placed upon Annexure P-3, the certificate issued by the Gram Panchayat, that the petitioner had come out on two occasions earlier on parole and had surrendered in time.
In the written statement filed by the Superintendent, Central Jail, Ambala on behalf of the respondents, it has been mentioned that neither any application has been moved regarding grant of four weeks emergency parole nor the petitioner has submitted any proof of illness of his wife.
Faced with the situation, counsel submits that the petitioner would move necessary application before respondent no. 2 and prays that if the same is done, it be decided expeditiously.
Accordingly, keeping in view the fact that the decision making process is to be done by the respondents, it will be open to the petitioner to make the application which shall be decided within a period of one week of receipt of the same.
The present petition is disposed of accordingly.
(G.S. SANDHAWALIA) JUDGE
28.12.2017shivani
(SUDHIR MITTAL) JUDGE