Criminal Misc. No.M-30488 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30488 of 2008 Date of decision : 20.11.2008 Afsar .....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Surender Deswal, Advocate for the petitioner S. D. ANAND, J. Criminal Misc. No.53536 of 2008 Allowed as prayed for. Criminal Misc. No.M-30988-2008 The parole plea of the petitioner was declined by the competent authority by relying upon a report made by the District Magistrate concerned that petitioner-prisoner is a clever kind of person, he can commit a crime and possibility of his running away cannot be ruled out. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of the respondents. Though the grant of parole is not a right vested in a prisoner, it also cannot be said that a parole plea can be declined on the basis of a vague apprehension indicated by the District Magistrate. The principle of Criminal Misc. No.M-30488 of 2008 -2- **** transparency validates the view that the authority competent to consider the request of a prisoner under incarceration must announce to the applicant the reasons for disallowance thereof. The impugned order deserves invalidation as it fails the test of being self-contained and transparent. The petition shall stand allowed accordingly. The impugned order is set aside. The competent authority is directed to pass an order afresh within one month from today in the light of the above observations made by this Court. 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. November 20, 2008 (S. D. ANAND) Pka JUDGE