Criminal W.P. No.1682 of 2011 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Cr.W.P. No.1682 of 2011 (O&M)
DATE OF DECISION : 12.9.2011
Kamaljeet Singh PETITIONER
VERSUS
State of Haryana and others RESPONDENTS
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present:- Shri B.S.Rathee, Advocate for the petitioner.
Shri J.S.Rattu, D.A.G. Haryana.
MAHESH GROVER, J.
This is a petition praying for emergency parole which the petitioner
requires in order to look after his father who is suffering from a serious heart
disease.
Reference has been made to Anneuxre P-1, the certificate issued by
the hospital authorities indicating that the petitioner’s father has serious heart
problem which requires him to be referred to PGIMER, Chandigarh.
Learned counsel for the petitioner states that petitioner is the only
male member in the family who can take care of his father. He further states that
petitioner is unable to avail the parole, because he has not undergone one year of
Criminal W.P. No.1682 of 2011 -2-
imprisonment after the conviction awarded to him. He further states that in view of
the provisions of the Jail Manual, his case cannot be considered for release of
parole.
Learned counsel for the State has also referred to the same provisions
of law to contend that the petitioner is not entitled to the benefit of parole in view
of the categoric mandate of the rules. However, he has stated that the petitioner has
not submitted any representation, nor has any medical certificate been attached
from where the contention of the petitioner can be tested.
On due consideration of the matter and noticing the fact that there is
some material which shows that the petitioner’s father is ailing and requires
medical treatment from PGIMER, Chandigarh and also noticing the fact that
petitioner was on bail during trial which concession he did not abuse, I am of the
opinion that prayer of the petitioner deserves to be accepted. He is thus, directed
to be released on parole for a period of three weeks commencing from 13.9.2011.
He shall be required to surrender before the Jail Authorities thereafter on
4.10.2011.
Petition stands allowed.
(MAHESH GROVER)
September 12, 2011 JUDGE
GD
WHETHER TO BE REFERRED TO REPORTER? YES/NO
