The High Court directed the competent authority to decide the parole application of a prisoner by passing a speaking order within two weeks.
Direction to the concerned competent Authority to decide the application of the petitioner by passing a speaking order within two weeks.
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CRWP No.3665 of 2023
2023:PHHC:056766-DB #1#
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No.3665 of 2023 Date of Decision: 20.04.2023
Birju
......Petitioner
Versus
State of Haryana and Ors.
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA Present: Mr. R.S. Dhull, Advocate for the petitioner.
Mr. Sharan Sethi, Addl.AG, Haryana.
HARINDER SINGH SIDHU, J
The petitioner, who is undergoing sentence after having been convicted under Section 363 IPC and Section 6 of POSCO Act in case FIR No.550 dated 17.07.2016, applied for parole and his application was sent to the Divisional Commissioner vide despatch No.7907-10 dated 29.06.2022.
Learned counsel for the petitioner has referred to relevant provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2002 (for short “the Act”) and the Government Instructions vide which it is provided that such application for parole/furlough are to be disposed of within the prescribed time but despite the same, no decision on the application of the petitioner has been taken by the Competent Authority so far.
Notice of motion.
Sh. Sharan Sethi, Addl.AG, Haryana who is present in Court, accepts notice on behalf of the respondent-State.
Having heard learned counsel for the parties and taking into account the facts of the present case, this petition is disposed of with a direction to the concerned competent Authority to decide the application of the petitioner by passing a speaking order by adhering to the provisions of the Act within a period of two weeks from today.
(HARINDER SINGH SIDHU) JUDGE
April 20, 2023 (LALIT BATRA) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
MANOJ KUMAR 2023.04.21 18:28 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether to issue a direction for disposal of the parole application within the prescribed time.
1 provisions across 1 enactments
Birju
State of Haryana
Harinder Singh Sidhu
Lalit Batra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
