Criminal Misc. No.M-21540 of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-21540 of 2008 Date of decision : 26.9.2008 Kaka .....Petitioner Versus State of U.T. And others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. J.S. Bains,Advocate for the petitioner. Ms. Manjari Nehru, Deputy Advocate General, Haryana S. D. ANAND, J. The petitioner-prisoner had applied for the grant of parole in order to enable him to meet his family. The averment, made in the course of the petition that he is under incarceration since 16.2.2004 and that he never availed parole till date, has not been rebutted by respondents by filing a counter or even otherwise. The impugned order is based upon a report furnished by the District Magistrate Annexure P/1 which in turn is based upon a report furnished by the S.S.P, U.T., Chandigarh to the effect that the petitioner-prisoner, if released on parole, can commit a heinous crime. Annexure P-1 does not, at all, give any indication about whether the petitioner-prisoner has a criminal history or whether he is facing trial in any other case. In the absence of those particulars, the apprehension indicated by the police chief and noticed by the Disctrict Magistrate in Annexure P-1, would appear to be thoroughly hypothecatical. Criminal Misc. No.M-21540 of 2008 -2- *** Though there can be no dispute with the proposition that the petitioner- prisoner cannot claim parole as of right, the competent authority cannot decline the parole plea of a petitioner-prisoner either on such a facet which is patently hypothetical in character. The petition shall stand allowed accordingly. The impugned order dated 10.3.2008 ( Annexure P/1) is set aside. The competent authority is directed to pass an order afresh within seven days from today in the light of the above observations made by this Court. It will be for the learned counsel for U.T., Chandigarh to communicate the order to the competent authority. Copy of the order be given to the learned counsel appearing for the U.T., Chandigarh, under the signatures of the Court Secretary. September 26, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No