Criminal Misc. No. M-3759 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Misc. No. M-3759 of 2009 (O&M)
Date of Decision:10.02.2009
Major Singh
.....Petitioner
Vs.
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. J.S. Bains, Advocate for the petitioner.
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JUDGMENT
HARBANS LAL, J.
This petition has been moved by Major Singh under Section
482 of the Code of Criminal Procedure for extension of parole for four
weeks in order to have his treatment at T.B. Hospital, Amritsar.
The brief facts are that the petitioner is undergoing
imprisonment for ten years at Central Jail, Ferozepur in Narcotic Drugs and
Psychotropic Substances case. He had come on four weeks’ parole on
12.1.2009. He is to surrender back in the jail on 10.2.2009. On 1.2.2009,
he made an oral request to respondent No.2 for extension of his parole for
getting his treatment at TB Hospital, Amritsar. The same was turned down.
The petitioner is suffering from T.B since 2 006 and no suitable progress
has been made. He was being taken to hospital at Faridkot and also at
Rajindra Hospital, Patiala on instructions of respondent No.2. He had been
under constant treatment of T.B since then and had been treated on the
instructions of respondent No.2 as per Annexure P.2, the medical slip. In
Criminal Misc. No. M-3759 of 2009 (O&M) -2-
these circumstances, his parole may be extended for at least four weeks in
order to have his treatment at T.B. Hospital, Amritsar.
I have heard the learned counsel for the petitioner, besides
perusing the record. As per Annexure P.2, the petitioner has been referred
to T.B. Department of G.S. Medical College, Faridkot for follow-up and
decide further course and treatment. It is a common place experience that
the tuberculosis disease is curable provided the patient undergoes treatment
and takes medicine prescribed by the concerned Doctor regularly for about
three years or as advised by the Doctor. As is borne out from the averments
in this petition, the petitioner is already undergoing treatment. If he wants
to have his treatment at T.B Hospital, Amritsar, he could make request to
the Superintendent Central Jail, Ferozepur- respondent No.2 in this behalf.
Thus, prima-facie no ground is made out for extension of his parole period.
As such, this petition is dismissed.
February 10, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No