Bahadur Singh v. The State Of Ut Chandigarh Through Home Secretary Ut Chandigarh

CRWP-8170-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRWP-8170-2024 Date of decision : August 27, 2024 Bahadur Singh ....Petitioner

VERSUS

The State of U.T. Chandigarh and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Dhiraj Chawla, Advocate, for the petitioner Mr. Anupam Bansal, Addl. PP, for UT Chandigarh KULDEEP TIWARI,J. (ORAL) 1.

The petitioner who was convicted for life imprisonment for commission of offence punishable under Section 302 IPC, in case FIR No. 66 dated 11.5.1998, registered at Police Station Sector -11, Chandigarh, has approached this Court under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023, seeking extension of furlough for four weeks to the petitioner, as the petitioner is already out on release warrant dated 15.7.2024, as granted by respondent no. 1, for 14 days, on the ground that the mother of the petitioner is suffering from last/fourth stage of cancer, and his father has been recommended for a pace maker, therefore, the petitioner being the only son, is required to take care of his parents. The prayer of the petitioner for extension of parole of 14 DALBIR SINGH TIWANA 2024.08.29 16:05 I attest to the accuracy and integrity of this document

CRWP-8170-2024 days has been declined by the competent authority i.e. Superintendent, Model Jail, Chandigarh, with the observation that there is no provision for extension of furlough. 2.

Learned counsel for the petitioner at the very outset submits that after filing of the present petition, unfortunately, mother of the petitioner has died, and therefore, for the purpose of carrying out the last rituals, being the son, he is required to be present at his home.

3.

Learned counsel for the UT has caused appearance, and has not disputed the factum regarding the death of the mother of the petitioner.

4.

In view of the supervening events, this Court is of the view that the present petition deserves to be allowed. The furlough granted to the petitioner vide order dated 15.7.2024, by respondent No.1 is further extended for 14 days. The petitioner, who was required, to surrender/re-step in prison on dated 29.8.2024, is now ordered to surrender before the jail authorities on dated 13.9.2024. ( KULDEEP TIWARI ) August 27, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2024.08.29 16:05 I attest to the accuracy and integrity of this document