IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28106 of 2008 Date of decision: November 18, 2008 Malkiat Singh @ Mitta … Petitioner Versus The Director General of Police (Prisons), Punjab and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Vipul Jindal, Advocate, for the petitioner. Ms. Manjari Nehru, DAG, Punjab. S.D. Anand, J. The parole plea raised by the petitioner – prisoner was declined by the Competent Authority (respondent No.1) vide order dated 18.09.2008 (Annexure P/5) by observing that there is possibility of the petitioner – prisoner fleeing from the country “despite the confiscation of passport and visa.” In that context, it was noticed that after the dismissal of the appeal on 14.09.1978 by this Court, the petitioner – prisoner did not surrender and went over to Canada without information to the Court. The mere fact that the petitioner – prisoner did not surrender following dismissal of his appeal cannot be said to be Crl. Misc. No. M-28106 of 2008 sufficient to decline the parole plea forever. There are, however, certain steps which could be taken by the Competent Authority for ensuring that the petitioner – prisoner does not flee from the country while enjoying parole. The impugned order (Annexure P/5) shall stand quashed. The petition shall stand disposed of accordingly with a direction to the Competent Authority to consider the parole plea of the petitioner – prisoner in the light of the observation made by this Court. While considering that aspect, the Competent Authority could very well insist upon the obtaining of local sureties of appropriate amount. It could also be directed that the petitioner – prisoner shall report to the nearest police station thrice a week and further he could also be directed to surrender his passport etc.. The exercise shall be completed within fifteen days from today. It will be for the State counsel to communicate the order to the Competent Authority. Disposed of accordingly. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. November 18, 2008 (S.D. Anand) vkd Judge 2