Allowed

Neeraj v. State of Haryana and Others

Punjab & Haryana HC22 May 2024CRWP/4708/2024

Case brief

AI extract

What is this about?

The High Court quashed the declining order rejecting the petitioner's parole application, finding it surmised and lacking application of mind. The court allowed the writ petition and directed the release of the petitioner on parole for 10 weeks, subject to furnishing surety bonds and an undertaking to return.

What did the court decide?

Petitioner released on parole for 10 weeks from 23.5.2024 to 1.8.2024, subject to surety bonds and undertaking.

Neeraj Vs State of Haryana and Others — Service and Employment | Punjab & Haryana HC (2024)

¶1

CRWP No. 4708 of 2024 -1-

¶2

In the High Court of Punjab and Haryana at Chandigarh

¶3

(101) CRWP No. 4708 of 2024 Date of Decision: 22.5.2024

Neeraj

.....Petitioner

Versus

State of Haryana and others ....Respondents

¶8

CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUKHVINDER KAUR

¶9

Present: Mr. Randeep S. Dhull, Advocate for the petitioner.

¶10

Mr. Saurabh Mago, DAG, Haryana. ****

¶11

SURESHWAR THAKUR, J. (ORAL)

¶12

The present petitioner has been convicted and sentenced by the learned trial Court concerned, to undergo life imprisonment, in case bearing FIR No. 335 of 25.9.2015, registered under Sections 302, 120-B, 114 of the IPC, and, under Section 25 of the Arms Act, 1959.

¶13

The above made verdict of conviction, and, consequent therewith sentence(s) (supra), as became imposed upon the convict, has been challenged by him through his rearing a criminal appeal bearing No. CRA-D-898 of 2019, before this Court.

¶14

During the pendency of the appeal (supra) before this Court, the convict preferred an application, claiming thereins the relief of his becoming released on parole, lasting upto a duration of 10 weeks, rather for the relevant purpose. The authority concerned, after eliciting the report of the police officer concerned, has made a declining order on the relevant application, and, the above declining order, which becomes enclosed in Annexure P-1 to the instant petition, has led the petitioner to access this Court.

¶15

A reading of the declining order (Annexure P-1) reveals, that there is an apprehension or every likelihood of disruption of public peace, and, committing any other heinous crime by the petitioner, thus upon his being released on parole. However, the above purported apprehension, rather Gurpreet Singh 2024.05.23 10:51 I attest to the accuracy andintegrity of this documentbecoming engendered, upon the petitioner becoming released on parole, is Chandigarh

¶16

CRWP No. 4708 of 2024

¶17

-2-

¶18

not founded upon any credible and tangible evidence. Therefore, since in the wake of the above, the declining order (supra) but is obviously made with a complete lack of application of mind, and/or is surmisely drawn, therefore, the same is required to be rejected.

¶19

Therefore, the petition is allowed, and, the impugned order is quashed and set aside. The petitioner is ordered to be released on parole for 10 weeks, from the prison concerned, but subject to his furnishing personal and surety bonds in a sum of Rs. One Lakh each, and, to the satisfaction of the Superintendent of Jail concerned, where he is extantly lodged, and, with an undertaking therein that immediately on expiry of the afore period, he shall re-step into the prison concerned. The stepping outside the prison of the convict-petitioner shall commence in the evening of 23.5.2024, and, shall last uptill the morning of 1.8.2024.

¶20

If the above condition is breached, and, the petitioner does not re-step into the prison concerned, immediately on the expiry of the above period, i.e. on 1.8.2024, thereupon, liberty is reserved to the jurisdictional SHO concerned, to forthwith arrest the petitioner, and, to thereafter produce him before the jurisdictional Magistrate concerned, for the latter making an order for the petitioner becoming committed to the prison concerned.

¶21

(SURESHWAR THAKUR) JUDGE

¶22

(SUKHVINDER KAUR) JUDGE

¶23

May 22, 2024 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶24

Gurpreet Singh 2024.05.23 10:51 I attest to the accuracy and integrity of this document Chandigarh

Neeraj v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Neeraj v. State of Haryana and Others

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

Hardeep Singh @ Gogdi Vs State of Haryana

Harminder Pal Vs State of Punjab and Others

Vinod Kumar Vs State of Haryana and Ors.

Rajesh Kumar Vs State of Punjab and Others

Vikram Randhawa Vs State of Haryana and Others

Jagmohan and Another Vs the Commissioner, Hisar Divison, and Others