Crl. Misc. No.M-7328 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-7328 of 2010 Date of Decision: October 25, 2010 A.P. Selvam …..Petitioner Vs. State of Haryana and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- None for the petitioner. Mr.Amit Rana, DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) Petitioner is confined in Central Jail, Ambala. Through instant petition under Section 482 Cr.P.C., the petitioner has made a prayer that he may be taken to Military Hospital, Ambala Cantt for taking necessary certificates of his children and to his banker i.e. State Bank of Patiala, Arya Girls College Branch, Ambala Cantt. to withdraw money and to enable him to send the same to his mother who is resident of Andeman and Nikobar. Crl. Misc. No.M-7328 of 2010 [2] State counsel has submitted that there is no legal provision to enable a convict/ inmate of a jail to leave the jail in custody. I have considered the facts and circumstances of the case. The petitioner is convict in a murder case. The petitioner is army personnel. While he was posted in Ambala District, his wife committed suicide. He has been convicted by Court Martial and sentenced to undergo RI for life imprisonment. The petitioner can avail the benefit of parole for his temporary release. It appears that he has not filed any such application. Without expression of any opinion regarding the maintainability of his petition under Section 482 Cr.P.C., in the interest of justice, it is observed that in case the petitioner is not permitted to get the necessary certificate from the Military Hospital, Ambala Cantt., pertaining to his children, and is also not permitted to send money to his mother, this will tentamount to penalizing innocent family members of the petitioner also. This is never the intention of punitive jurisprudence. The deterrent and punitive approach has to be adopted qua the culprits and not towards his family members. To meet the ends of justice, the petition is allowed and it is ordered that the petitioner will be taken in custody to the Military Hospital, Ambala Cantt. and to his banker i.e. State Bank of Patiala, Arya Girls College Branch, Ambala Cantt, on any working day to enable him to discharge his family obligations. The expenses of travelling will be borne by the petitioner. Crl. Misc. No.M-7328 of 2010 [3] October 25, 2010 (M.M.S.BEDI) sanjay JUDGE