Baldev Singh v. State Of Haryana And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 31.05.2024 BALDEV SINGH ....Petitioner
Versus
STATE OF HARYANA AND ORS ....Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Kushager Goyal, Advocate and Mr. Lalit K. Narang, Advocate for the petitioner.
Mr. R.K. Ambavta, AAG, Haryana.
PANKAJ JAIN, J. (ORAL) Prayer in this petition is for grant of emergency parole to the petitioner for four weeks in case FIR No.234 dated 17th of September, 1990 registered for the offences punishable under Sections 15, 16, 61 of the NDPS Act, 1985, Police Station Sadar Dabwali, District Sirsa, under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, to enable him to get his surgery effected for replacement of right hip. 2.
While issuing notice of motion on 28.05.2024, State Counsel sought time to file reply.
3.
Today, reply by way of affidavit of Sanjeev Pattar, Superintendent of Prison, District Prison, Sirsa has been filed. The ailment of the petitioner stands admitted. Para No.15 of the reply reads as under : "15.
That, in pursuance of order dated 28.05.2024 passed by Hon'ble High Court a letter vide no. 26502-03 dated 28.05.2024 received from the Advocate General Haryana. That the latest Medical report of the above said petitioner/ convict has also been obtained on 30.05.2024 from the Medical Officer of District Prison, Sirsa. The Medical Status Report dated 30-05-2024 submitted by Jail Medical Officer which is reproduced as under: "Convict Baldev S/O Gajjan Singh was re-admitted after completion of Interim Bail on 17/11/2023. On admission his condition was stable and had history of total hip replacement. He presents to jail dispensary with C/o pain in right hip and is followed up from PGI Chandigrh and as per his last visit to PGI Chandigarh on 03/05/2024 He is adviced for revised total Hip Replacement (Surgery) and is K/C/O Hypertension." (Medical Report of Jai Medical Officer dated 30- 05-2024 is annexed as Annexure R-4)"
4.
Medical report which is part of the reply marked as Annexure R-IV reads as under :
"CONVICT BALDEV S/O GAJJAN SINGH WAS READMITTED AFTER COMPLETION OF INTERIM BAIL ON 17/11/2023. ON ADMISSION HIS CONDITION WAS STABLE AND HAD HISTORY OF TOTAL HIP REPLACEMENT.
HE PRESENTS TO JAIL DISPENSARY WITH C/O PAIN IN RIGHT HIP AND IS FOLLOWED UP FROM PGI CHANDIGRH AND AS PER HIS LAST VISIT TO PGI CHANDIGARH ON 03/05/2024 HE IS ADVICED FOR REVISED TOTAL HIP REPLACEMENT(SURGERY) AND IS K/C/O HYPERTENSION.
THIS IS FOR YOUR INFORMATION AND NECESSARY ACTION PLEASE."
5.
In view of above, the present petition is allowed. Respondents are directed to release the petitioner on interim parole to the satisfaction of the Jail Authorities concerned for 4 weeks.
6.
Ordered accordingly.
7.
Pending application, if any, shall also stand disposed off. May 31, 2024 (Pankaj Jain) Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No