Crl. Misc. No. M-22623 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M- 22623 of 2010 Date of decision. 06.05.2011 Mandeep s/o Om Parkash r/o village and P.O. Hassanpur, Tehsil and Distt. Sonepat. ....... Petitioner Versus State of Haryana and another ........ Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Nishant Raj, Advocate for the petitioner. Mr. Kshitij Sharma, AAG, Haryana for the respondents-State. -- RITU BAHRI, J(ORAL). The petitioner is facing trial at Panipat and is lodged in Karnal Jail seeks transfer from District Jail, Karnal to District Jail, Sonepat on the ground that it is inconvenient for his family to meet him in Karnal Jail being residents of Sonepat. As per the report, submitted by the Superintendent Jail, District Jail, Sonepat, it has been alleged that District Jail, Sonepat has the capacity of 363 inmates but at present there are about 1000 inmates. Further the District Jail, Sonepat is the most sensitive and over crowded jail in the State of Haryana. Further as and when the convicts/inmates Crl. Misc. No. M-22623 of 2010 2 become over crowded, then have been shifted to some other jail like District Jail, Karnal. Many hardcore criminals of opponent gangs of the petitioner are confined in this Jail. There are about 750 under-trial prisoners in the Jail. Due to overcrowding, Director General of Prisons, Haryana, transferred 171 convicts in the year 2008 to District Jail, Karnal, which is 10 times more space than the District Jail, Sonepat. It has also been averred in the report filed by the Superintendent Jail, District Jail, Sonepat that since the petitioner is facing trial at Panipat, whose jurisdiction falls in District Jail, Karnal, hence, his request for transferring him to District Jail, Sonepat from District Jail, Karnal be declined. As per the reply, filed by the respondent-State, the petitioner was transferred from Sub Jail, Panipat to District Jail, Karnal vide order dated 12.06.2008 (Annexure R-1), passed by the District & Sessions Judge, Karnal. In the reply, it has been alleged that the petitioner has mis-behaved with the Police Escort Guard while taking him on peshi in custody before the trial Court and in this regard, a case has been registered under Sections 332, 353, 186 and 506 of the Indian Penal Code against him. The petitioner was requisitioned through production warrant in this case was received in the Jail on 04.03.2010 and the next date of hearing was 28.09.2010. It has also been averred in the reply that the petitioner is a hardcore criminal and is a member of 'Manoj Baba Gang', who is presently confined in District Jail, Karnal in the same case. The petitioner has been in custody from 07.06.2008 in case bearing FIR Crl. Misc. No. M-22623 of 2010 3 No.227 dated 01.06.2008 under Sections 302/307/148/149/323/506/109 of the Indian Penal Code, registered at Police Station Chandni Bagh, Panipat. After going through the facts and circumstances of the case as well as reply submitted by Superintendent, District Jail, Karnal, no case to transfer the petitioner from District Jail, Karnal to District Jail, Sonepat is made out. Consequently, the petition is dismissed being devoid of merits. (RITU BAHRI) JUDGE MAY 06, 2011 dinesh