Criminal Misc. No.M-18603 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-18603 of 2008 Date of decision : 15.10.2008 Major Singh .....Petitioner Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. B.P.K. Brar, Advocate for the petitioner Ms. Manjari Nehru, Deputy Advocate General, Punjab. S. D. ANAND, J. The parole plea of the petitioner-prisoner was rejected by the competent authority (vide impugned order Annexure P-3) in view of the fact that he escaped from the police custody on 20.11.2002 and could be arrested only on 19.10.2005. He is alleged to have escaped from the police custody when he was brought out of the jail for being produced in a Court in connection with some other case. Learned counsel for the petitioner argues that though she is not in a position to challenge the correctness of the above cause, her only grievance is that the release of the petitioner on parole could not have been denied to him for all times to come. The argument is that if a prisoner escapes from law, his release on parole thereafter can be denied for a period of one year from the date of escape. Learned State counsel informs that she is not in a position to concede or deny the correctness of the rule related averment made on Criminal Misc. No.M-18603 of 2008 -2- **** behalf of the petitioner. She is handicapped in the context as none from the Department has turned up to assist her. The petition shall stand disposed of with a direction to the competent authority to dispose of the parole plea of the petitioner afresh within fifteen days from today after ascertaining the correctness or otherwise of the rule-related averment made on behalf of the petitioner that his release on parole could have been denied only for a period of one year with effect from the date of his escape. 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