Sumit v. State Of Haryana Through Commissioner

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (201) Date of Decision: - 15.04.2026 Sumit ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE ROHIT KAPOOR Present:- Mr. Krishan Singh, Advocate, for the petitioner.

Mr. Piyush Khanna, Additional Advocate General, Haryana. **** VIKAS BAHL, J. (ORAL) 1.

Present criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. (528 of BNNS) read with Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter to be referred as 'Act of 2022') with a prayer to extend the parole leave for one more month to enable the petitioner to take proper medical treatment as he has severe pain in spinal and lower lumber region due to falling in bathroom, as the Jail Authority, District Jail, Jind has already granted 35 days parole leave to him in FIR No.34 dated 08.02.2015 under Sections 307, 323, 216, 302 & 34 of IPC [109, 115(2), 253, 103(1) & 3(5) of BNS], registered in Police Station Agroha, District Hisar.

-22.

Learned counsel for the petitioner has submitted that the petitioner was convicted and sentenced for rigorous imprisonment for life in FIR No.34 dated 08.02.2015 under Sections 307, 323, 216, 302 & 34 of IPC [109, 115(2), 253, 103(1) & 3(5) of BNS], registered in Police Station Agroha, District Hisar, by the Additional Sessions Judge, Hisar, vide judgment dated 17.05.2018 and against the said judgment, the petitioner has filed CRA-D-678-DB-2018 titled as 'Sumit and another Vs. State of Haryana', which is pending adjudication. It is further submitted that the petitioner had applied for parole before respondent No.3 and he was granted 35 days parole leave and was to surrender before the Jail Authorities on 15.04.2026. It is stated that on 28.03.

2026, when the petitioner was taking bath, he fell down in the bathroom and suffered spinal injury on the spinal cord and due to the same, he is suffering severe pain in spinal and lower lumber region and the doctor had advised him 15 days of proper bed rest and a copy of the medical certificate dated 29.03.2026 has been annexed as Annexure P-1 along with the present petition. It is submitted that in view of the above, the petitioner has sought extension of parole but the jail authorities have refused to extend the parole.

3.

Learned counsel for the petitioner has submitted that as per Section 3 of the Act of 2022, the petitioner is entitled for 70 days (10 weeks) parole leave and since he has only availed 35 days parole leave, thus, he is entitled to another 35 days parole leave. It is further submitted that since the petitioner has a medical issue, thus, the parole which is to

-3elapse on 15.04.2026 be extended for another one month. 4.

On 10.04.2026, the Co-ordinate Bench of this Court had issued notice of motion and had directed the State to verify the assertions made in the petition. On 13.04.2026, the counsel for the petitioner had prayed for an adjournment.

5.

Learned counsel for the State has submitted that they have verified the certificate (Annexure P-1) and have also taken into account the latest medical condition of the petitioner. It is submitted that as per the latest certificate dated 11.04.2026 issued by Balaji Multispeciality Hospital & Trauma Centre to the S.H.O, Police Station, Agroha, the patient is stated to be suffering from infection and the pain is still there and thus, as per the said medical report, the petitioner has been advised 15 days of further rest. The certificate dated 11.04.2026, which has been handed over to the Court during the course of arguments by the learned State counsel, is taken on record as 'Mark A'. The relevant portion of the said certificate is reproduced herein below: - "To S.H.O.

Police Station, Agroha Respected Sir, Myself Dr. Jitesh Lamba. The patient under UHID No.8402 on 29/03/2026 was treated by me on OPD basis. The patient was suffering from spinal (lumber region) pain & swelling. At the time today on April 11, 2026 visited today also. Today lab reports WBC and ESR are raised. That show infection in patient and pain is still as same. I did also spinal x-ray of patient. So I adviced him proper bed rest 15 days more.

-4Thanking you, s/d April 11, 2026"

6.

Learned State counsel has further submitted that as per his instructions, the petitioner has not availed parole in the calendar year other than the 35 days now granted. It is however submitted that in case the parole leave is to be extended, the petitioner be made bound by the conditions which were earlier in operation and the petitioner be directed to surrender before the Jail Authorities.

7.

Learned counsel for the petitioner has submitted that the petitioner would abide by all the earlier conditions and would also surrender before the Jail Authorities on the date this Court directs him to. It is further undertaken that during the period the petitioner is on parole, he would not do any act so as to breach peace. 8.

A perusal of Section 3 of the Act of 2022 would show that a convicted prisoner is entitled to be released on regular parole for a period of 10 weeks in a calendar year.

9.

It is not disputed before this Court that the petitioner has only availed 35 days parole and thus, a further period of 35 days parole is left. The plea raised by the petitioner that he had suffered spinal injury has been found to be correct. The latest certificate dated 11.04.2026 issued by Balaji Multispeciality Hospital & Trauma Centre reveals that the petitioner has been advised 15 days of bed rest from 11.04.2026. 10.

Keeping in view the above-said facts and circumstances, the present criminal writ petition is allowed and the parole granted to the

-5petitioner, which is to elapse on 15.04.2026, is extended till 15.05.2026 on the same conditions as were imposed while granting parole to the petitioner till 15.04.2026. The petitioner would surrender before the Jail Authorities on 15.05.2026 at 4:00 P.M.

( VIKAS BAHL ) JUDGE ( ROHIT KAPOOR ) JUDGE April 15, 2026 naresh.k Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No