IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 1312 of 2010 (O&M) Date of Decision: July 30, 2010. Malkiet Kaur ...... PETITIONER(s) Versus State of Haryana and others. ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Gourave Bhayyia, Advocate for the petitioner. Mr. Dhruv Dyal, D.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Articles 226/227 of the Constitution of India read with Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 for grant of emergency parole of 90 days for treatment of kidney stone. I have heard learned counsel for the parties and have gone through the whole record. Reply has been filed on behalf of respondent – State. In para 3 of the preliminary submissions of the reply filed on behalf of respondent-State, it has been stated as under:- CRWP No.1312 of 2010 “3. That, it is submitted that the petitioner had directly filed an application for grant of six weeks parole for treatment of his fractured arm in Crl. Misc. No. 33635-M of 2009 in the Hon’ble Punjab & Haryana High Court, Chandigarh. And in compliance of order dated 09.12.2009 passed by the Hon’ble High Court, Chandigarh in Crl. Misc. No.33635-M of 2009 the parole case of the above said convict/petitioner was sent to District Magistrate, Sirsa and Divisional Commissioner, Hisar vide this office Letter No.32-33 dated 04.01.2010 for their report/recommendations. Taking into consideration the parole case of the said convict, six weeks parole was granted by the Divisional Commissioner, Hisar vide their Office Memo No.P-2166/S/12 dated 14.01.02010 for treatment of his fractured arm. The said convict was released on 29.01.2010 for six weeks parole for treatment of his arm and directed to surrender on 13.03.2010 at District Jail, Sirsa. The convict got extended his parole from the Hon’ble Punjab & Haryana High Court, Chandigarh in Crl. Misc. No. 6766 M of 2010 passed under order dated March 11, 2010 that the existing parole period of the petitioner is extended till the adjourned dated (19-03-2010) and further the parole period was extended till the adjourned date (30-03-2010) under order dated March 19, 2010. The parole period of the convict was further extended till 19-04-2010 under order dated March 30,2010. The said convict has got extended his total parole for 01 month 06 days. The convict had to surrendered at District Jail, Sirsa on 19-04-2010 in compliance of the order of the Hon’ble High Court. But the convict surrendered at District Jail, Sirsa on 22- 04-2010 i.e. three days late after date of surrender. Therefore, this matter does not fall under section 3(1)(a) and falls under section 3(1)(d) and petitioner demanded parole under section 3 (1)(d) which falls under the rules of 2007 section 11(3) and as per which in one calendar year the convict can get parole in section 3(1)(b) or 3(1)(d) for one time only which the convict has availed. The convict can be set to Civil Hospital, Sirsa for further treatment as prescribed by the Medical Officer District 2 CRWP No.1312 of 2010 Jail Sirsa. If it is necessary, the patient may be referred to other Institution like PGIMS Rohtak on jail expenditure. The convict can get better treatment under custody of the jail. Therefore in view above discussion the convict is not entitled for parole.” Hence, it has been stated by learned counsel for the State that State is ready to provide treatment facility as per medical advice and get him operated, if so advised and however, under the rules he is not entitled for parole within one year. Hence, in view of the reply filed on behalf of respondent-State, no further order is required to be passed by this Court in the present petition. The present petition is disposed of accordingly. However, Superintendent, District Jail, Sirsa is directed to ensure proper treatment for ailment of the petitioner as per the advice of doctor. ( RAM CHAND GUPTA ) July 30, 2010. JUDGE 'om' 3