IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM . No. M 2155 of 2009 Date of decision: 02.03.2009 Jagpal Singh @ Kulphi ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr.J.S.Thind, Advocate for the petitioner. Mr.Tarunveer Vashist, Addl. A.G., Haryana *** Harbans Lal, J. This petition has been moved by Jagpal Singh @ Kulphi under Section 482 Cr.P.C., seeking his release on Furlough for three weeks by setting aside the order dated 15.11.2008 (Annexure P/8), passed by respondent No.1. I have heard the counsel for the parties, besides perusing the record with due care and cir cumspection. The learned counsel for the petitioner submits that earlier, the petitioner had filed CRM No.M 3653 of 2008 seeking agricultural parole for six weeks, which was rejected by the concerned authority. Vide order dated 06.05.2008, passed by this Court in CRM No.M 3653 of 2008 that order was set aside. He further puts that in view of the circumstances embodied in this petition, the petitioner deserves to be released on Furlough for three weeks. CRM . No. M 2155 of 2009 -2- The Learned State Counsel submitted with a good deal of force that as would be apparent from the reply filed by the respondent, the petitioner is facing trial in four cases and in two other cases he has undergone sentence. In these circumstances, he could not be released on Furlough. I have well-considered the rival contentions. There is no gain-saying the fact that earlier the petitioner was released on agricultural parole for six weeks and after availing the same, he surrendered before the jail authorities well in time. In view of this fact, he cannot be deprived of his right to avail Furlough. Thus apparently, the impugned order dated 15.11.2008 ( Annexure P-8) suffers from infirmity and deserves to be set aside. Accordingly the order dated 15.11.2008(Annexure P-8) is set-aside. The matter is remitted back to the respondent No.1 to reconsider his case regarding his release on Furlough within a period of three weeks from today. March 2, 2009 ( Harbans Lal ) amrit Judge