IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGRH Crl. Misc. No. M-33116 of 2008 Date of Decision: December 16, 2008 Bhagwant Singh … Petitioner Versus State of Punjab and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. A.S. Trikha, Advocate, for the petitioner. **** S.D. Anand, J (Oral). Crl. Misc. Nos. 58329 to 58330 of 2008 Allowed, as prayed for. Crl. Misc. No. M-33116 of 2008 The petitioner – prisoner is undergoing 10 years imprisonment on a charge that he had raped a girl residing next to door who was otherwise related to him as a sister in relationship. The parole plea came to be declined on the basis of the report furnished by the District Magistrate concerned, that the act upheld against the petitioner disentitles him to release on parole because he has thereby shown that he is not a man of dependable Crl. Misc. No. M-33116 of 2008 character and his release may prove a set back to maintenance of public order. The deferment of the consideration of the parole plea of the petitioner for a period of three months is neither here nor there. If the Competent Authority was of the opinion that the petitioner was not eligible for parole, it could specifically state so. If it was otherwise, it could grant the request how exactly the deferment of the parole plea for a period of three months would help, is beyond logical comprehensive. Notice of motion. On the asking of the Court, Ms. Manjari Nehru Kaul, Deputy Advocate General, Punjab, accepts notice on behalf of the State. The petition shall stand allowed accordingly. The Competent Authority shall consider the parole plea of the petitioner – prisoner within one month from today in the light of the 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 16, 2008 ( S.D. Anand ) vkd Judge 2