Criminal Writ Petition No.2374 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.2374 of 2011(O & M) Date of Decision:03.11.2011 Santokh Singh .....petitioner Versus State of Punjab & anr. ...respondents CORAM: HON'BLE MR.JUSTICE S.S.SARON HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK Present: Mr.N.S.Sodhi, Advocate for the petitioner **** S.S.SARON, J: Criminal Writ Petition has been filed under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure seeking extension of the parole period for further one and half month from 04.11.2011 onwards, so as to enable the petitioner to undergo operation for left Hernia and to take rest as advised by the doctor in the discharge certificate(Annexure P-2). The petitioner has been convicted by the learned Sessions Judge, Jalandhar, vide order dated 22.03.2011 for the offence punishable under Section 302 IPC. He has been sentenced to undergo rigorous imprisonment for life besides to pay a fine of ` 5000/- and in default of payment of fine to further undergo imprisonment for one year. Aggrieved against the said order of conviction and sentence, the petitioner has filed Criminal Appeal No.D-381-DB of 2011, which was admitted by this Court on 18.04.2011. During the period of Criminal Writ Petition No.2374 of 2011 2 incarcenation of the petitioner, he was, vide order dated 05.10.2011 (Annexure P-1) released on parole for 4 weeks till 03.11.2011 i.e.till today. It is submitted that the petitioner is suffering from multiple diseases, like Heart Trouble and trouble of Hernia, therefore, he requires proper treatment. A reference has been made to the discharge certificate dated 25.10.2011(Annexure P-2). It is also submitted that daughter of the petitioner Paramjit Kaur has submitted representation (Annexure P-3) for better treatment of her father. It is submitted that the wife of the petitioner namely Kuldeep Kaur had died in hospital on 26.01.2011. Her death certificate(Annexure P-4) has been placed on record. Therefore, it is submitted that the period of parole, which is expiring today, be extended. We have given our thoughtful consideration to the contentions of learned counsel for the petitioner and also gone through the record of the case. As already noticed, the petitioner was given 4 weeks parole from 06.10.2011 till 03.11.2011 vide order dated 05.10.2011 (Annexure P-1). He is to report back in Central Jail, Jalandhar, today at 05:00 p.m. The prayer for extension of parole is made on the ground that he is suffering from various ailments. However, only discharge certificate (Annexure P-2)has been placed on the record. A perusal of the same shows that the petitioner was admitted on 17.10.2011 and he was discharged on 25.10.2011, after operation of his right Hernia. He has been advised to get operated his left Hernia after about two months. Besides, he has been advised rest for two weeks. It may be noticed that a period of about 9 days has already lapsed after the petitioner was discharged on 25.10.2011. The other operation has been advised to be undertaken after about two months from 25.10.2011. We asked learned counsel for the petitioner to show the record pertaining to his heart trouble from which the petitioner is suffering as stated in para No.4 of the petition. However, the counsel has not been able to show any material with regard Criminal Writ Petition No.2374 of 2011 3 to his ailment. In the facts and circumstances, it would be just and expedient that the petitioner approaches the competent authority, itself for release on parole, after surrendering himself in jail by 05:00 p.m,today. In the facts and circumstances, we are of the view that no ground is made out for extension of parole as has been prayed for. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to approach the competent authority for his release on parole by submitting necessary application with medical record. A copy of this order be given dasti on payment of prescribed fee for urgent application. (S.S.SARON) JUDGE (RAMESHWAR SINGH MALIK) JUDGE 03.11.2011 neenu