IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 2021 of 2010 (O&M) Date of Decision: December 17, 2010. Harpreet Singh @Happy ...... PETITIONER(s) Versus State of Punjab and another. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mrs. Sarla Chaudhary, Advocate for the petitioner. Mr. Gazi Mohd., D.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Article 226 of the Constitution of India for releasing the petitioner on emergency parole on medical grounds as the wife of the petitioner is seriously ill under Section 3 (1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short the ‘Act’). Reply has been filed on behalf of respondent-State. CRWP No.2021 of 2010 I have heard learned counsel for the parties and have gone through the whole record. Admitted facts are that, present petitioner is undergoing imprisonment for 10 years and fine of `1,00,000/- and in default of payment of fine to further undergo three years in FIR No.161 dated 04.09.2008, Police Station Ghall Khurd, District Ferozepur. He was convicted on 06.08.2010. He has been continuing in custody since 06.09.2008 as under trial. He has already undergone more than four months after conviction. He applied for his release for looking after his wife who is to be operated upon as she is seriously ill. However, Superintendent, District Jail, Faridkot rejected the request of petitioner for his release on emergency parole on the ground that the Doctor has not mentioned that the wife of petitioner is seriously ill. Section 3 of the Act provides that a convict can be released on parole which reads as under:- “3. Temporary release of prisoners on certain grounds:- (1) The State Government may in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section(2) any prisoner if the State Government is satisfied that:- (a) a member of the prisoner's family had died or is seriously ill; or (b) the marriage of the prisoner's son or daughter is to be celebrated; or (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation [on his land or any other land cultivated by him] and no friend of the prisoner 2 CRWP No.2021 of 2010 or a member of the prisoner's family is prepared to help him in this behalf in his absence; or (d) it is desirable so to do for any other sufficient cause. (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) where the prisoner is to be released on the ground specified in clause (a) of sub section (1), two weeks; (b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), four weeks; and (c) where the prisoner is to be released on the ground specified in clause (c ) of sub-Section (1), six weeks. (2-A) Notwithstanding anything contained in sub-section (2), where a prisoner undergoing a sentence of life imprisonment, is to be released on the ground specified in Clause (d) of sub-section (1); he may be released for a period of six months or less in parts, during the five years. (3) The period of release under this Section shall not count towards the total period of the sentence of a prisoner. (4) The State Government may by notification authorise any officer to exercise its power under this section in respect of all or any of the grounds specified therein.” Perusal of copies of medical record of wife of petitioner, Annexures P3 to P4 shows that operation is to be performed for removal of uterus of the wife of petitioner. It has also been mentioned by Medical Officer, Civil Hospital, Faridkot that she would need round the clock care by some attendant during and after surgery. Hence, in view of these facts, it cannot be said that case of petitioner is not covered under Section 3(1)(a) of the Act. Hence, the 3 CRWP No.2021 of 2010 impugned order, Annexure P1 cannot be sustained in the eyes of law and the same is, hereby, set aside. Respondents are directed to reconsider the case of the present petitioner for his release on parole in the light of the observations of this Court made above, within a period of two weeks from the date of receipt of certified copy of this order. Disposed of accordingly. ( RAM CHAND GUPTA ) December 17, 2010. JUDGE 'om' Note: Whether to be referred to reporter? Yes / No 4