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High Court of Punjab and HaryanaCRWP/116/2016dismissed

Makhan Singh v. State Of Punjab & ANR

2016-01-27Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No.116 of 2016 (O&M) Date of decision: January 27, 2016 Makhan Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Parminder Singh Sekhon, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this criminal writ petition under Article 226 of the Constitution of India read with Section 3(1) (d) and (2-A) of the Punjab Good Conduct Prisoners (Temporary Release) Act,1988, to issue order to extend the period of parole granted to the petitioner from 27.01.2016 to 27.03.2016 for two months to enable him to get his father treated as he is suffering from cancer. I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that as per Annexure P-2, under Section 3 of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, the present petitioner-prisoner Makhan Singh, who was confined in District Jail, Sangrur, was ordered to be released for 28 days with the condition that released prisoner shall leave now for VINEET GULATI 2016.02.08 17:00 I attest to the accuracy and authenticity of this document Chandigarh

CRWP No.116 of 2016 -2Jolian and he shall come back on 27.01.2016 to Superintendent Jail, Sangrur. This order was passed on 29.12.2015. The perusal of the order nowhere shows that temporary release has been given regarding the disease of father of the petitioner etc. Keeping in view the facts and circumstances of the present case, I do not find any ground to extend the period of parole. Otherwise also, the petitioner has not applied before the competent authority for extension of parole.

Therefore, finding no ground for extending the parole, the present petition is dismissed. However, the petitioner is at liberty to approach the competent authority for emergency parole and it is for the competent authority to decide the application, if any filed, as per rules.

January 27, 2016 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2016.02.08 17:00 I attest to the accuracy and authenticity of this document Chandigarh