Petitioner seeks premature release under Section 482 CrPC and Article 226, having previously sent a letter to Government. Court directs respondents to consider and decide within two months.
direction to respondents to consider and decide the premature release case within two months
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Criminal Misc.No. M- 12315 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 12315 of 2010 Date of decision:- 12.7.2010
Sharwan Singh
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Sanjiv Sharma, Advocate for the petitioner.
Mr. Ranvir Singh Arya, DAG Haryana
RAM CHAND GUPTA J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India for issuing directions and releasing the petitioner prematurely as respondents have failed to comply the directions of this Court dated 5.11.2008 in Criminal Misc. No.6620 of 2008 and the judgment passed by Hon'ble Supreme Court in Criminal Appeal No.566 of 2010-State of Haryana & others v. Jagdish, decided on 23.3.2010.
Reply has been filed by Superintendent, District Jail, Karnal.
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been stated by learned counsel for the petitioner-accused that as per reply filed on behalf of Superintendent, Distrtict Jail, Karnal, premature release case of the petitioner was already sent to Government for consideration vide letter No.8752 dated 10.5.2010, however, the same has not been decided so far.
Hence, as per request of learned counsel for the petitioner, the present petition is disposed of with the direction to respondents to consider and decide the premature release case of the petitioner, which was already sent to
Criminal Misc.No. M- 12315 of 2010
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D.G.P. Haryana, Panchkula vide letter No.8752 dated 10.5.2010 within a period of two months from today.
It will be responsibility of learned counsel for the State to inform the concerned authorities regarding passing of this order.
July 12, 2010 vj
( RAM CHAND GUPTA ) JUDGE
1 issue framed by the court
Whether the respondents must consider and decide the premature release request already sent to the Government.
Colour shows how this judgement treated each authority
Criminal Appeal No.566 of 2010-State of Haryana & others v. Jagdish, decided on 23.3.2010Referred
1 provisions across 1 enactments
Sharwan Singh
State of Haryana
others
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
