IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-29998 of 2008 Date of decision : 08.12.2008 Babbi Singh .....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Baljinder Singh, Advocate for the petitioner. S. D. ANAND, J. The parole plea of the petitioner-prisoner came to be declined on the premise that he had jumped parole in the year 2006. Learned counsel for the petitioner states that petitioner had already been prosecuted and convicted for the dereliction of law. He was sentenced to undergo RI for a period of three months which he had undergone 17.4.2007 to 28.7.2007. The plea raised thereby that denial of parole is amount to double jeopardy. Notice of motion. On the asking of the Court, Ms. Manjari Nehru Kaul, learned Deputy Advocate General, Punjab accepts notice on behalf of the respondents. It is common ground that the parole plea of a prisoner can be deferred for one year only if he over shot parole. It can not obviously be declined to him for the entire term of sentence. Apart therefrom petitioner has already suffered conviction for that dereliction of law. The denial of parole to him on that premise would amount to double jeopardy. The petition shall stand allowed. The impugned order dated 115.7.2008 ( Annexure P/1) is set aside. The competent authority is directed to pass an order afresh within one month from today in the light of the above observations made by this Court. 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 08, 2008 (S.D. ANAND) Pka JUDGE