IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-10548 of 2009 Date of decision : 30.4.2009 Ashok Kumar .....Petitioner versus State of Haryana and another ...Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. V.S.Rana, Advocate for the petitioner. Mr. Sidarth Sarup, AAG, Haryana SABINA The petitioner is under incarceration following his conviction in a case under the N.D.P.S. Act. The plea preferred by him for his premature release was declined by the competent authority as he is undergoing sentence in a case under the N.D.P.S. Act. The competent authority, in support of that view, drew sustenance from the provisions of Section 32-A of the N.D.P.S. Act. It is common ground otherwise that the relevant controversy is pending consideration before the Apex Court. A similar eventuality was adjudicated upon by a Coordonate Bench of this Court ( S.K.Mittal, ,J.) in Criminal Misc. Criminal Misc. No.M-10548 of 2009 -2- No.51171-M of 2006 (Mahi Ram Vs. The Secretary & Financial Commissioner to Govt. of Haryana and others) and the following order was passed on 8.11.2006:- “It is ordered that in the meanwhile, the petitioner be temporarily released, if he fulfills the following terms and conditions:- i) Before releasing the petitioner, the concerned Superintendent of Jail will verify the period undergone by the convict and the remissions granted under Article 161 of the Constitution of India and that if after subtracting the period on parole, the convict has undergone the sentence awarded by the Court, he shall be released temporarily on bail to the satisfaction of the Chief Judicial Magistrate during the pendency of Special Leave Petition filed by State of Punjab in the case of Ekka Ram {SLP (Crl.) No. 2496 of 2006} arising from the final judgement and order dated 14.9.2005 passed in Crl.W.P. No. 839 of 2004. The convict concerned will be granted the benefit of remission as per the circulars issued by the Government of Punjab under Article 161, after his conviction. ii) The petitioner will remain on bail during the pendency of SLP No. 2496 of 2006 in Hon'ble Supreme Court. If as per the judgment of the Supreme Court, benefit of remissions under Article Criminal Misc. No.M-10548 of 2009 -3- 161 is not granted, the convict will surrender back in jail for undergoing the unexpired period of sentence. iii)At the time of release on bail, the petitioner will give an undertaking that he will not leave the country without prior permission of the Court and will keep peace and will continue informing the Chief Judicial Magistrate concerned his residential address from time to time.” This petition involving facts, which are exactly similar to those involved in Mahi Ram's case (supra), shall stand disposed of in terms of order Annexure P-4. (SABINA) JUDGE April 30, 2009 anita