Criminal Misc. No.M-18068 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-18068 of 2008 Date of decision : 4.9.2008 Naresh ....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. A.S.Trikha, Advocate Advocate for the petitioner Mr. S.S.Mor, Senior Deputy Advocate General, Haryana. S. D. ANAND, J. The impugned order (Annexure P-1) vide which respondent no. 2-Divisional Commissioner, declined the agriculture parole plea of the petitioner-prisoner deserves to be invalided. The order proceeds on a report furnished by the District Magistrate, Sonepat, to the effect that the agriculture holding (of the petitioner-prisoner) is being looked after by his family.. It was also noticed that the petitioner-prisoner, if released on parole, commit a serious crime and flee from the law. Insofar as the former count of the report is concerned, it is plainly illogical. The petitioner-prisoner cannot be denied parole just on a finding by the District Magistrate that his family is looking after the land. It is for the petitioner-prisoner to decide how best he would like to cultivate his land for the larger benefit of his family. The other ground for rejection is, obviously, hypothetical in character, particularly when it is not the averment that the petitioner-prisoner had committed any other crime in the Criminal Misc. No.M-18068 of 2008 -2- **** past or jail offence or that he is facing a trial in any case. In the light of the fore-going discussion, the petition shall stand allowed. The impugned order (Annexure P-1) shall stand set aside. The competent authority is directed to pass an order afresh within a period of fifteen days from today in the light of the observations made by this Court. The State counsel shall communicate this order to the competent authority. September 04, 2008 (S. D. ANAND) Pka JUDGE