Crl. W. P. No. 1144 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1144 of 2011 Date of Decision : September 21, 2011 Navdeep Singh .... Petitioner Vs. State of Haryana and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Kuldip S. Chaudhary, Advocate and Mr. R. G. Sihota, Advocate for the petitioner. Mr. Anil Kumar, DAG, Haryana. * * * L. N. MITTAL, J. (Oral) : Navdeep Singh – a convict has filed the instant criminal writ petition under Article 226 of the Constitution of India read with Section 3 (i) (a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short – the Act) for release of the petitioner on parole for three weeks for medical treatment. Latest medical status report, filed today in Court by learned State counsel, pursuant to order of the preceding date, is taken on record, subject to all just exceptions. Copy given to the opposite counsel. Crl. W. P. No. 1144 of 2011 2 I have heard learned counsel for the parties and perused the case file. The petitioner had earlier filed Crl. W. P. No. 541 of 2011 seeking the same relief. The said writ petition was disposed of vide order dated 08.03.2011 (Annexure P-2), thereby directing Superintendent, Central Jail, Ambala to dispose of the petitioner's application for release on parole. Pursuant thereto, petitioner's application for parole has been rejected by Divisional Commissioner, Ambala, vide order dated 28.04.2011 (Annexure P-3) necessitating the filing of the instant writ petition. Perusal of the record reveals that the petitioner was earlier released on parole for four weeks from 30.04.2002 till 28.05.2002 (extended till 01.07.2002 by this Court), but the petitioner did not surrender in the jail and remained absconding till 16.02.2009 i.e. for over 06 years and 07 months. As regards treatment of the petitioner, written statement and medical reports furnished on behalf of the respondents reveal that the petitioner is being provided proper treatment. He was sent to General Hospital, Ambala City. Small stones were detected in his kidney. He was advised lithotripsy. This facility is not available in General Hospital, Ambala City, and therefore, the petitioner was referred to Government Medical College and Hospital (GMCH), Sector 32, Chandigarh for specialist opinion and treatment. He has been brought to GMCH, Crl. W. P. No. 1144 of 2011 3 Chandigarh on various dates for treatment. Even on 20.09.2011 (yesterday), the petitioner was brought to GMCH, Chandigarh, but Senior Residents of GMCH, Chandigarh were on mass leave on 20.09.2011. The petitioner did not take back the OPD Card to jail and stated that he had handed it over to his lawyer. From the aforesaid, it is manifest that proper treatment is being provided to the petitioner not only in the Jail Hospital, but also in General Hospital, Ambala City and in GMCH, Chandigarh. Consequently, there is no necessity for releasing the petitioner on parole for his medical treatment. Impugned order Annexure P-3 passed by Divisional Commissioner, Ambala does not suffer from any infirmity or illegality. On the other hand, the fact that the petitioner remained absconding for over 06 years and 07 months, when earlier released on parole on 30.04.2002, also disentitles the petitioner to any discretionary relief from this Court, when the competent authority has found on the basis of necessary reports that the petitioner should not be released on parole. If he is released on parole, he may again abscond. For the reasons aforesaid, I find no merit in the instant writ petition. Dismissed. However, it goes without saying that necessary treatment shall be provided to the petitioner by the Jail Authorities. September 21, 2011 ( L. N. MITTAL ) monika JUDGE