Petitioner incarcerated for over five years sought parole; application rejected due to non-recommendation by District Magistrate. Court allowed parliamentary release on parole for four weeks subject to heavy surety.
Petitioner released on parole for four weeks subject to heavy surety.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.11292-M of 2008
DATE OF DECISION : AUGUST 13, 2008
SURINDER KUMAR
....... PETITIONER(S)
VERSUS
STATE OF HARYANA & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Ms. Amandeep Sibia, Advocate, for the petitioner(s). Mr. Narender Sura, AAG, Haryana.
AJAI LAMBA, J. (Oral)
The petitioner has been in jail for the last more than 5-1/2 years. Not once, the petitioner has been released on parole. An application was made by the petitioner for release on parole for house repairs. The prayer has been declined on the ground that the District Magistrate, Churu (Rajasthan), had not recommended the release of the petitioner on the apprehension of breach of peace.
Considering the fact that the petitioner has been in jail for more than 5-1/2 years and the ground taken is not substantiated by any material or evidence, this petition is allowed. The petitioner would be released on parole for four weeks, however, subject to heavy surety.
August 13, 2008 ( AJAI LAMBA ) Kang JUDGE
Surinder Kumar
State of Haryana
Ajai Lamba
As recorded by the court registry
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