IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-31440 of 2008 (O&M) Date of Decision: December 01, 2008 Surender … Petitioner Versus State of Haryana and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. V.S. Rana, Advocate, for the petitioner. S.D. Anand, J. (Oral) Crl. Misc. Nos. 55290 to 55292 of 2008 Allowed, as prayed for. Crl .Misc. No.M-31440 of 2008 Notice of motion. On the asking of the Court, Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, accepts notice on behalf of the State. While disposing of Crl. Misc. No. M-25390 of 2008, this Court had directed the Competent Authority to dispose of the parole plea of the petitioner – prisoner within a period of fifteen days from the date of the order. In that very order, this Court Crl. Misc. No. M-31440 of 2008 noticed that there was a medical certification to the effect that wife of the petitioner – prisoner has to undergo a Gall Bladder operation and for that purpose, the Medical Officer at General Hospital, Fatehabad, had referred the patient to PGIMS, Rohtak. This Court also noticed the averment that there was no other male member of the family to be by the side of the petitioner – prisoner. In spite thereof, the Competent Authority has declined the parole plea of the petitioner – prisoner by observing that he had already availed of four weeks during the current year (for getting his children admitted to school). For that purpose, the Superintendent, Central Jail, Hisar, had sent a report to the effect that “according to the prescription slips, convict’s wife is not serious.” The premise on the basis whereof, the Competent Authority had declined the parole plea of the petitioner – prisoner is specious on the very face of it. It was plainly illogical on the part of the Competent Authority to decline it and the observations made by the Superintendent, Central Jail, Hisar, which is obviously not a medical high qualified person. In the facts and circumstances of the case, the petition shall stand allowed. The petitioner – prisoner is ordered to be released on parole for a period of one month. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioner – prisoner. Disposed of accordingly. December 01, 2008 (S.D. Anand) vkd Judge 2