Disposed

Narender @ Neeraj v. State of Haryana and Anr.

Punjab & Haryana HC17 Jan 2013CRWP/1930/2012

Case brief

AI extract

What is this about?

This single-judge bench disposed of a writ petition filed seeking release of a life convicted prisoner on agricultural parole. The Court directed the Commissioner, Gurgaon Division, to decide the pending application within three months.

What did the court decide?

Direction to the Commissioner, Gurgaon Division, Gurgaon to decide the pending parole application expeditiously within three months.

Narender @ Neeraj Vs State of Haryana and Anr. — Bail and Remand | Punjab & Haryana HC (2013)

¶1

Crl.Writ Petition No.1930 of 2012 (O & M)

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Crl.Writ Petition No.1930 of 2012 (O & M) Date of decision:17.01.2013

Narender @ Neeraj

.....Petitioner

Versus

State of Haryana and another ..... Respondents

¶9

CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH

¶10

Present: Mr.Manoj Kaushik, Advocate for the petitioner.

¶11

Mr. H. S. Deol, Addl. AG, Haryana.

¶12

S.S. SARON, J.

¶13

Learned State counsel has filed written statement of Shri Anil Kumar, Superintendent, District Jail, Faridabad. The same is taken on record.

¶14

Heard learned counsel for the parties.

¶15

The criminal writ petition under Articles 226/227 of the Constitution of India has been filed seeking release of the petitioner for six weeks parole for agricultural purposes. It is submitted that the petitioner has been convicted by the learned Sessions Judge, Faridabad for the offences under Sections 302 and 120-B read with Section 34 IPC; besides, Section 25 of the Arms Act. He has been sentenced to undergo imprisonment for life. The petitioner applied for agriculture parole on 09.07.2012 vide application (Annexure P-1). The said application was dispatched. However, the application has not been disposed of till date. The Gram Panchayat, Village Manpur Distt. Aligarh (UP) vide certificate (Annexure P-3) has recommended

¶16

Crl.Writ Petition No.1930 of 2012 (O & M) -2-

¶17

the release of the petitioner on parole. The petitioner was earlier also granted parole on one occasion but he had overstayed. However, after the said incident the petitioner had been granted parole by the authorities again which he availed and returned well within time. Therefore, it is submitted that the petitioner is liable to be granted parole for agricultural purposes.

¶18

In the reply that has been filed in Court today, it is submitted that there is another case pending against him at Police Station Lodha Distt. Aligarh (UP) for the offence under Section 394 IPC; besides, there are eight other criminal cases which have been disposed of in which he has been convicted in some cases and undergone imprisonment in some cases and completed his sentences in some cases. It is submitted that the matter is pending before Commissioner, Gurgaon Division, Gurgaon who is the competent authority to take decision on the matter. A report from District Magistrate, Aligarh (UP) is awaited. A reference has been made to the amendment effected in the Haryana Good Conduct Prisoners (Temporary Release) Act by way of Amendment Act, 2012. It is submitted that clause aa defined “Hardcore Prisoners” have been inserted. In any case, it is admitted case that the matter is still pending with the Commissioner Gurgaon Division, Gurgaon.

¶19

In the facts and circumstances, it would be just and expedient that the Commissioner, Gurgaon Division, Gurgaon shall consider the matter finally with respect to release of the petitioner for the purpose of agricultural parole.

¶20

The criminal writ petition is disposed of with the direction

¶21

Crl.Writ Petition No.1930 of 2012 (O & M) -3- that the Commissioner, Gurgaon Division, Gurgaon shall take a decision on the pending application of the petitioner seeking his release on parole as expeditiously as possible and preferably within three months of receipt of the copy of the order.

¶22

( S. S. Saron ) Judge

¶23

( S.P. Bangarh )

¶24

Judge

¶25

17.01.2013 A.Kaundal

Narender @ Neeraj v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Narender @ Neeraj v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manish Kumar Vs State of Punjab

Vinod Kumar Vs State of Haryana

Rajinder Kumar Vs State of Haryana

Pavneet Singh Vs State of Punjab and Ors.

Dapinderpal Singh and Anr. Vs State of Punjab

Ashok Kumar Vs State of Haryana