HARISH MAKHIJA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) It is obvious that the period of parole cannot be counted towards period of detention. The petitioner should surrender and serve out remaining period of 141 days' detention. Criminal Miscellaneous Petition is disposed of accordingly. APPENDIX Application for Directions Filed by Advocate for the Respondents To Hon'ble Mr. Y. V. Chandrachud, the chief justice of India and his companion Judges of the Supreme court of India. Most Respectfully Sheath

(2.) That the detenu Arjun Dass had challenged his detention before the Hon'ble High court of Allahabad by way of writ petition. The said writ petition was dismissed by the Hon'ble High court by the order/ judgment dated 10/02/1983.

(3.) That thereafter the writ petition was filed by the petitioner Harish Makhija. on behalf of the detenu before this Hon'ble court. This Hon'ble court by its order dated 13/09/1983, held that in the facts and circumstances of the case we direct that the detenu will be released on parole until further orders, but during the period of parole, the detenu shall not leave Lucknow without obtaining the permission of the detaining authority. Liberty to the government to apply for the cancellation of parole if the detaining authority is satisfied that the detenu has misused the parole. With these observations the writ petition is disposed of.