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Parvesh vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 10 April 2023 · Citation: (2023) 04 P&H CK 0018

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 148, 149, 216, 302, 307, 468, 473 · Arms Act, 1959 — Section 25
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 11428 Of 2021 (O&M)
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Judgment

6 paragraphs · 266 words

Gurvinder Singh Gill, J

1.

The petitioner seeks grant of his premature release and for quashing of impugned order dated 13.10.2021 passed by Additional Chief Secretary to Government of Haryana, Jails Department, in a case arising out of FIR No.309, dated 17.07.2002, Police Station Jhajjar, Haryana, under Sections 302, 307, 148, 149, 216, 120-B, 468, 473 IPC and Section 25 of Arms Act.

2.

The petitioner has been behind bars since the last more than 17 years (actual sentence) and has completed more than 20 years by including remissions. The case of the petitioner for his premature release was deferred by the authorities concerned vide order dated 13.10.2021 to be reconsidered after three years subject to good conduct of the petitioner.

3.

Having heard the learned counsel for the petitioner and also the State counsel and while also noticing the long custody of the petitioner, the instant matter is disposed of with a direction to the authorities concerned to consider the matter afresh and to take a final decision by 13.10.2023 in accordance with law and while also having regard to the contention of the petitioner that a co-accused who is identically situated has already been ordered to be released prematurely.

4.

It is again clarified that the fresh decision be taken by 13.10.2023. In other words the case be initiated well in advance i.e. prior to 13.10.2023 so that the matter is not further delayed.

5.

A copy of this order be furnished to respondent No.1-State of Haryana through the Principal Secretary, Government of Haryana, Haryana Civil Secretariat Building, Home Department, Chandigarh, for necessary compliance.