Criminal Misc. No.M-28045 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-28045 of 2008
Date of decision : 24.10.2008
Krishan .....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. S.S.Siao, Advocate the petitioner.
S. D. ANAND, J.
Argues that the mother of the petitioner-prisoner is to undergo
an eye operation at P.G.I., Rohtak and the petitioner wants to by her side
at that point of time. The plea is supported by a panchayat certificate and
also the medical certification.
Notice of motion.
On the asking of the Court, Mr. Deepak Sharma, learned
Assistant Advocate General, Haryana accepts notice on behalf of
respondents.
A copy of the petition alongwith enclosures has been handed
over to the learned State counsel.
If a son undergoing incarceration following his conviction in
case wants to by the side of his ailing mother who is undergo an eye
operation, no exception ought to be taken thereto.
The petition shall stand disposed of accordingly with a
direction to the competent authority to dispose of the parole plea of the
Criminal Misc. No.M-28045 of 2008 -2-
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petitioner within a time bound frame in view of the fact that eye operation of
the mother of the petitioner is fixed for 30.10.2008. The competent
authority would be entitled to ascertain the correctness or otherwise of
the averment made by the petitioner in the first instance. If the factual
averment is found to be correct, the petitioner shall be released on parole
for a period of fifteen days. If it is found that certification is forged affair,
the competent authority may pass an order to the contrary. It will be for
the State counsel to communicate the order to the competent authority.
Copy of the order be given to the learned counsel for the
parties under the signatures of the Court Secretary.
October 24, 2008 (S.D. ANAND) Pka JUDGE