IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.W.P. No. 1195 of 2010 (O&M) Date of Decision: 12.01.2011 Varinder Singh ....Petitioner Versus State of Punjab and others ....Respondents CORAM:HON'BLE MR. JUSTICE NAWAB SINGH Present: Ms. G.K.Mann, Advocate, for the petitioner. Mr. Sudhir Nehra, Addl. A.G., Punjab for the respondents -State. NAWAB SINGH.J (ORAL) Varinder Singh – petitioner was convicted and sentenced to undergo Rigorous Imprisonment for a period of 7 years in case bearing First Information Report No. 42 dated March 25th, 1989 under Sections 148, 363, 366, 376, 342, 306, 511, 506 read with Section 149 of the Indian Penal Code in Police Station - D Division, Amritsar. 2. The petitioner was released on bail by this Court on January 16th, 1996. His appeal was dismissed by this Court. He was directed to surrender to undergo the remaining portion of his sentence but he did not. He was arrested on August 10th, 2009 along with his co-accused Balbir Singh. Since then, he is in custody. The petitioner filed application to release him on parole but the same was dismissed by District Magistrate, Amritsar by order dated March 11th, 2010 (Annexure R-1/T) on the ground that after dismissal of his appeal, the petitioner did not surrender. 3. Learned counsel for the petitioner has contended that Balbir Singh, co-accused of the petitioner, who was also arrested on the same date, that is, August 10th, 2009, has been released on parole, so the case of the petitioner ought to have been considered at par with Balbir Singh. Crl.W.P. No. 1195 of 2010 -2- .. 4. The submission being convincing, the State is directed to re-consider the case of the petitioner and decide the application afresh within thirty days of receipt of this order. Disposed of. 12.01.2011 (NAWAB SINGH) som JUDGE