Criminal Misc. No.M-24008 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-24008 of 2008 Date of decision : 15.10.2008 Ishwar Singh .....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Krishan Singh, Advocate for the petitioner Mr. S.S.Mor, Senior Deputy Advocate General, Haryana. S. D. ANAND, J. At the time of motion hearing itself, the plea on behalf of the petitioner was that “the parole plea of the petitioner-prisoner was declined by the competent authority by recording a finding that he would be eligible for consideration only after he has undergone one year of the sentence awarded to him”. In that context, it was argued on behalf of the petitioner that period of post conviction incarceration made the petitioner eligible for consideration. For want of any assistance from the Department, learned State counsel is handicapped in conceding or denying the correctness of the averment aforementioned on behalf of the petitioner. The petition shall stand disposed of with a direction to the competent authority to ascertain for itself the correctness or otherwise of the averment on behalf of the petitioner that he has become eligible for Criminal Misc. No.M-24008 of 2008 -2- **** consideration (for his release on parole) as he has undergone one year period of incarceration during the post conviction period. If the averment is found to be factually correct, the competent authority shall dispose of the parole plea of the petitioner-prisoner afresh within fifteen days from today. It will be for the State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. October 15, 2008 (S. D. ANAND) Pka JUDGE