Criminal Misc. No.M-3754 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-3754 of 2008 Date of decision : 1.12.2008 Jogi Ram .....Petitioner Versus State of Haryana ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Gurinderjit Singh, Advocate for the petitioner Mr. S.S.Mor, Senior Deputy Advocate General, Haryana S. D. ANAND, J. The present-petitioner, whose plea for the release on parole to be able to effect the repair of his house was declined by the competent authority on the premise that house afore-mentioned does not require any repairs, has filed the present petition for the grant of the parole request. Learned counsel for the petitioner has made a precise averment to the effect that his house, thus, require repairs. That averment is supported by a certification (Annexure P-1) issued by the Municipal committee, Barwala. As against it, the respondents have not placed on record any certification/photograph to rebut it. Needless to say, the owner of the house(petitioner-prisoner in this case) is the best circumstanced to take a decision about whether the house requires repair or not. If the competent authority differs with the accused, it has to support its contrary view with adequate material to support it. Criminal Misc. No.M-3754 of 2008 -2- **** The petition shall stand allowed. The impugned order dated 4.10.2007 ( Annexure P/2) is set aside. The competent authority is directed to pass an order afresh within fifteen 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 01, 2008 (S. D. ANAND) Pka JUDGE