Seema v. State Of Haryana And ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-14.07.2021 SEEMA ...PETITIONER...

V.

STATE OF HARYANA AND OTHERS ...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present: Dr. Bandana Trikha, Advocate, for the petitioner.

Mr.Vivek Saini, Addl. A.G., Haryana.

**** SANT PARKASH, J.

(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) Prayer in this petition under Article 226 of the Constitution of India is for issuance of direction to respondent No.1 to grant emergency medical parole to the petitioner after verifying the truth of medical report annexed as Annexure P-2 and Panchayat report (Annexure P-3) or for issuance of direction to Superintendent Central Jail, Ambala for extension of parole to the petitioner, who is pregnant and is likely to deliver a child through C-section surgery on or around 30.04.2021 as per medico reports (P-1).

The petitioner was tried in FIR No.353, dated 08.11.2010, under Section 302 and 307 IPC, Police Station Baldev Nagar, District Ambala, and accordingly, she has been convicted and sentenced to

--2-- undergo life imprisonment, vide judgment of conviction and order of sentence dated 02.05.2013. Against the judgment of conviction and order of sentence, petitioner filed an appeal before this Court, which is still pending admitted for final adjudication. Learned counsel for the petitioner submits that the petitioner had approached the Superintendent, Central Jail Ambala for extension of parole on medical ground but she was advised to approach this Court to get the extension of parole from 24.04.2021 as she was already on parole due to covid pandemic from 16.04.2020 and now, she had to surrender at Jail on 24.04.2021. Accordingly, the petitioner approached this Court for extension of parole on the ground that she delivered a baby girl on 16.04.2021 and vide order dated 23.04.

2021 of this Court, the parole already granted to the petitioner was extended till 16.07.2021. Learned State counsel has filed reply by way of affidavit of Lakhbir Singh Brar, Superintendent, Central Jail, Ambala on behalf of respondent No.2 in the Court today and the same is taken on record. Perusal of reply reveals that the High Powered Committee has issued effective implementation of the directions issued by Hon'ble Supreme Court of India on 23.03.2020 in Suo Motu Writ Petition (Civil) No.1/2020- in Re:Contagion of Covid-19 in Prisons vide directions dated 11.05.2021, had extended the parole of all the convicts sentenced to imprisonment for more than 07 years, who were released earlier on special parole under the categories prescribed by the Committee, upto 31.08.2021 on the same set of sureties.

--3-- Since, the purpose to file the representation and present writ petition for extension of parole by the petitioner has been fulfilled as she is already availing extension of parole for more than the period she had requested, the instant petition has been rendered infructuous.

In view of the above, present writ petition is dismissed as having been rendered infructuous.

(JASWANT SINGH) (SANT PARKASH) JUDGE JUDGE 14.07.2021 sonika whether speaking/reasoned:

Yes/No whether reportable:

Yes/No