Criminal Misc. No.M-33701 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-33701 of 2008 Date of Decision:10.03.2009 Mukesh Kumar .....Petitioner Vs. State of Haryana and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Kishan Singh, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Mukesh Kumar under Section 482 of the Code of Criminal Procedure read with Section 3(1)(a) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 seeking six week's emergency parole to enable the petitioner to get his damaged kidneys medically treated. The facts giving rise to this petition are that the petitioner is seriously ill and his condition is critical. During his long detention in the jail, he developed kidney problem. From time to time, he was referred to PGIMS Rohtak and SJH, New Delhi. Earlier, he filed Criminal Misc. No.23151-M of 2008 bearing caption `Mukesh v. State of Haryana' in this Court seeking similar parole. His petition was disposed of with a direction to the State to get him operated upon/ treated at All India Institute of Medical Sciences, Ansari Nagar, New Delhi but he was not got admitted in Criminal Misc. No.M-33701 of 2008 -2- the said medical institute by the jail authority. During this period, his wife was admitted in PGIMS, Rohtak being seriously ill. He submitted an application before respondent No.3 with a request to grant him parole to get his wife treated. After verification, he was granted two weeks' parole from 22.10.2008 to 6.11.2008 for the said purpose. He again filed a Criminal Miscellaneous Petition in this Court for extension of his parole and the same was extended for further two weeks. During this period, he also got him treated in Kartik Nurshing Home & Urology Centre, Janak Puri, New Delhi, where he was operated upon. Thereafter, he timely surrendered in the jail. Now the petitioner is suffering from pain. There is no proper facilities in the jail dispensary. It is necessary that he may be granted six weeks' parole for his treatment from the aforesaid Nursing Home. In joint reply filed by the respondents, it is also averred that the petitioner has availed four weeks' emergency parole. He has operated upon and got his treatment in the above-mentioned Nursing Home. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. It is own case of the petitioner that he has already been operated upon and so is the plea taken up by the respondents. The petitioner has simply taken up the plea that he is suffering from pain. There is no certification by the Jail Doctor that there is no treatment of the stated pain in the jail hospital. Furthermore, it is not disclosed in the petition as to in which part of the body, the petitioner is having pain. As is borne out from the record, the petitioner has been seeking one parole after the other. As averred in the reply, as per Parole Act as well as Parole Rules, the parole can be granted to the convict after completion of one year's sentence. Admittedly, after availing emergency Criminal Misc. No.M-33701 of 2008 -3- parole, the petitioner surrendered on 21.11.2008. In view of the above discussion, no case is made out for grant of parole sought for. Sequelly, this petition is dismissed. March 10, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No