IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33146 of 2008 Date of Decision: December 17, 2008 Hari Singh @ Babbi … Petitioner Versus State of Punjab and another. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Nandan Jindal, Advocate, for the petitioner. S.D. Anand, J. (Oral) Crl. Misc. No. 58389 of 2008 Allowed, as prayed for. Crl. Misc. No. M-33146 of 2008 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 parole plea of the petitioner – prisoner was declined by the Competent Authority on the basis of a report that he is being prosecuted for offence under the N.D.P.S. Act for having been found in possession of 500 capsules of alprex. Crl. Misc. No. M-33146 of 2008 It is, otherwise, apparent from the report (Annexure P/2) made by the Superintendent, District Jail, Sangrur, to Director General of Police (Prisons), Punjab, that the petitioner had earlier enjoyed his parole without any problem and his conduct in the jail has been good. The Superintendent also enclosed with that communication details of the parole availed by the petitioner prior thereto. The petitioner – prisoner is being prosecuted on the alleged charge. There is a presumption of innocence in favour of the petitioner till, of course, he is held accountable at law by the concerned Court. The mere pendency of that prosecution need not stand in the way consideration of his request for release on parole particularly when he wants to go over to cultivate his land, which would help him economically support his spouse and other depending members of his family. The petition shall stand disposed of with a direction to the Competent Authority to take a decision afresh in the light of the observations made by this Court in the foregoing paras of this judgment. The exercise shall be concluded within one month from today. 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 17, 2008 ( S.D. Anand ) vkd Judge 2