Ishwar Singh v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Sr. No.: 237 Criminal Writ Petition No.103 of 2016 (O & M) Date of Decision: February 04, 2016 Ishwar Singh ...... PETITIONER

VERSUS

State of Haryana & others ..... RESPONDENT

CORAM

HON'BLE MR. JUSTICE JASPAL SINGH PRESENT: Mr. Krishan Singh, Advocate, for the petitioner. Mr. S.S. Pannu, Deputy Advocate General, Haryana. . . .

1.

Whether Reports of local papers may be allowed to see the judgment? 2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest? . . .

Jaspal Singh, J 1.

The criminal writ petition has been under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. and Section 3(1) (a) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short, 'Act') moved by petitioner - Ishwar Singh, now confined in District Jail, Sirsa, for grant of 3 weeks' emergency parole enabling him to look after his ailing son who met with an accident and presently is admitted in hospital.

AVIN KUMAR 2016.02.05 14:39 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

Crl. W.P. No.103 of 2016 2 2.

Earlier, while disposing of Criminal Writ Petition No.49 of 2016, vide order dated January 13, 2016, Superintendent, District Jail, Sirsa, was directed to deal with the report/request moved by the petitioner within a period of 7 days from the receipt of certified copy of the order but subsequent thereto, request of the petitioner has been declined as is evident from letter dated January 14, 2016, simply on the ground that there is no provision in the Act for extension of parole. 3.

As far as reply filed today, on behalf of State, it has been submitted that if the petitioner submits a fresh medical certificate regarding condition of his son for grant of emergency parole and he is found to be seriously ill after due verification, then, respondent No.2 would consider his case for granting him emergency parole for second time.

4.

The petition is disposed of with a direction to the petitioner to file a fresh application/representation seeking emergency parole on the ground of illness of his son alongwith medical certificates/record which shall be dealt with and disposed of by respondent No.2 - Superintendent, District Jail, Sirsa, within a period of 7 days from the date of receipt of application/representation for emergency parole.

5.

A copy of this order be given under signatures of the Bench Secretary.

(Jaspal Singh) February 04, 2016 Judge avin AVIN KUMAR 2016.02.05 14:39 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh