IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33610 of 2008 Date of decision: December 19, 2008 Brij Lal … Petitioner Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. G.S. Sidhu, Advocate, for the petitioner. S.D. Anand, J. (Oral) Crl. Misc. No. 59213 of 2008 Allowed, as prayed for. Crl. Misc. No. M-33610 of 2008 Notice of motion. On the asking of the Court, Ms. Manjari Nehru Kau, Deputy Advocate General, Punjab, accepts notice on behalf of the State. The parole plea of the petitioner – prisoner was declined by the Competent Authority on the premise that “if the above said convict be released on parole then there is some disturbance in the peace of the area.” The Competent Authority further observed that “condition of the house of the convict is good. Crl. Misc. No. M-33610 of 2008 The brother of the convict told that if he come on leave, then he will not go back in jail.” The former part of the averment is, on the face of it, absolutely hypothetical. A parole plea has to be considered and disposed of in the light of the instructions/rules on the subject which are not indicated to contain a provision for disallowance of the request on such a hypothetical ground. Insofar as the latter part of the report is concerned, it is inappropriate inasmuch as it is for the petitioner – prisoner to decide whether his house requires repair or not In the light of foregoing discussion, the petition shall stand allowed. The Competent Authority is directed to dispose of the parole plea of the petitioner – prisoner afresh in the light of the facts noticed above. The exercise shall be concluded within one month from today. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioner – prisoner. 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. December 19, 2008 ( S.D. Anand ) vkd Judge 2