Babbaljit Kaur Alias Babbal v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 30.09.2022 Babbaljit Kaur alias Babbal . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Arshdeep Singh Brar, Advocate for the petitioner(s).

Mr. JS Arora, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) On 23.09.2022, following order was passed:- "Prayer in this petition, filed under Section 226 of the Constitution, is for extension of parole already granted to the petitioner.

Learned counsel for the petitioner submits that after release on parole by the jail authorities, petitioner met with an accident on 29.08.2022 and suffered severe injuries including fracture of clavicle bone (collarbone). To substantiate the said submission, learned counsel refers to the medical record (Annexure A-1) of Bansal Hospital, Akalsar Road, Moga. Learned counsel further submits that period of already granted parole by jail authorities is ending and petitioner is required to surrender today, i.e. 23.09.2022, however, petitioner is not physically fit to surrender. Notice of motion.

Mr. Anmol Singh Sandhu, Assistant Advocate General, Punjab, accepts notice and prays for some time to verify medical documents attached with present petition as well as other factual aspects submitted by learned counsel for the petitioner. Adjourned to 30.09.2022.

In the meantime, already granted parole, if any, to the

- 2 - petitioner is ordered to be extended upto 30.09.2022. Let reply/status report be filed by respondent State on or before next date of hearing."

In compliance to the order dated 23.09.2022, status report dated 30.09.2022, by way of affidavit of Manjit Singh, PPS, Deputy Superintendent of Police, Sub Division, Nihal Singh Wala, District Moga, on behalf of respondent No.1 - State, along with medical certificate and x-ray film (in original) as Annexure R-1, has been filed, in Court today, which is taken on record, subject to all just exceptions. Office to tag it at appropriate place and page mark the same.

A copy thereof has been handed over to the counsel for the petitioner.

The relevant para No.3 of the aforesaid status report says as under:- "3.

That it is respectfully submitted that in-compliance of the above orders of the Hon'ble Court, medical documents pertaining to the petitioner besides her physical conditions have been got verified through SHOP PS Nihal Singh Wala which reveals that the petitioner has sustain fracture injury at her clavicle bone during availing parole and is getting medical treatment from Dr. Ajay Bansal, D. Ortho; Bansal Hospital, Akalsar Road, Moga. This fact has also been got verified from above mentioned Dr. Ajay Bansal, D. Ortho; Bansal Hospital, Akalsar Road, Moga, who had issued a medical certificate wherein he has mentioned that petitioner Babbaljit Kaur is suffering from fracture clavicle and she has been advised rest for 45 days from 29.08.2022 to 12.10.2022. The medical certificate issued by said Doctor Ajay Bansal, D. Ortho; of Bansal Hospital, Akalsar Road, Moga besides her X-rays examination report of petitioner's injury is collectively attached herewith in original as Annnexure-R-1." In view of the stand of the petitioner, which is found to be true

- 3 - in the verification conducted by the respondents, and thereupon, the stand taken in paragraph No.3 of the status report, I am of the considered opinion that parole period of the petitioner deserves to be extended for a period of three weeks more. Therefore, the parole already granted to the petitioner by the authorities on 28.07.2022, be hereby deemed to have been extended uptill 21.10.2022.

Accordingly, the petitioner shall surrender on 22.10.2022 upto 05:00 p.m. to the concerned jail authorities. Petition stands disposed of in above terms.

(SANJAY VASHISTH) JUDGE September 30, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No