Criminal Misc. No.M-33049 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-33049 of 2008 Date of Decision:03.02.2009 Dilbagh Singh .....Petitioner Vs. The State of Punjab and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. B.S. Kathuria, Advocate for the petitioner. Mr. T.S. Salana, Deputy Advocate General, Punjab. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Dilbagh Singh under Section 482 of Cr.P.C for grant of parole for a period of four weeks to the convict Surinder Pal alias Chhinda son of Dilbagh Singh in case FIR No.220 dated 6.9.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Banga, District Nawanshahr. As averred in this petition, the son of the petitioner has been convicted by the learned trial Court and he is in judicial custody in Central Jail, Ludhiana. The wife of the son of the petitioner, namely, Sarabjit Kaur was getting treatment from Civil Hospital, Nawanshahr. She was admitted in the hospital on 3.5.2008 and was advised Pelvic USG vide Annexure P.1. There was no one at home to look after her as well as to get the regular treatment from the hospital. She was required to undergo operation. The petitioner approached the respondents to release his son Surinder Pal on Criminal Misc. No.M-33049 of 2008 -2- parole so that he can take his wife Sarabjit Kaur to the hospital for operation as well as regular treatment. They did not pay heed to his request and no action was taken on his application. The petitioner having been left with no remedy approached this Court for grant of parole. The petition moved by him before this Court was disposed of with the direction to the jail authorities to decide the case for grant of parole. That in spite of this order, no action has been taken. The daughter-in-law of the petitioner faced hardship and got the treatment of her own. The son of the petitioner after expiry of six months of his conviction, moved an application for his release on parole on 1.8.2008 before the jail authorities vide diary No.88. Although more than four months have been elapsed, but no decision has been taken on his application. This petition may be allowed and the son of the petitioner be granted parole as sought for. In Annexure R.1 appended to the reply filed by the respondents, it has been submitted that the petitioner had submitted his application on 27.5.2008 along with the certificate of Civil Hospital, Nawanshahr which was got verified from the Senior Medical Officer of Civil Hospital, Nawanshahr. It was revealed that Sarabjit Kaur wife of Surinder Pal Singh had visited OPD vide No.19397 dated 3.5.2008 and was not admitted in the hospital and the condition of patient is not serious. As per provision in law, emergency parole is granted to the convict only on the grounds of seriousness of the patient and on admission of patient in the government hospital. But both the conditions were not fulfilled by the said convict. So, the case of the petitioner has been dismissed on the above grounds. I have heard the learned counsel for the parties, besides Criminal Misc. No.M-33049 of 2008 -3- perusing the record with due care and circumspection. In view of Annexure R.1, prima-facie, no case is made out for grant of parole to the son of the petitioner. Sequelly, this petition is dismissed. February 03, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No