Vinod Kumar v. State Of Haryana And Others

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-1.2.2023 Vinod Kumar ... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sanjiv Sheoran, Advocate.

for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed by the petitioner seeking grant of emergency parole under Section 3(2) of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.

2.

It may here be mentioned that the petitioner had earlier filed a petition i.e. CRWP No.10267-2022 seeking grant of emergency parole, which was disposed off vide order dated 5.12.2022 (Annexure P-2) by passing the following order:

" 1.

This writ petition was filed seeking directions to the respondents to grant emergency parole to the petitioner. 2.

Learned counsel for the petitioner after realising that there was an order passed by this Court dated 21st September,

( 2 ) 2022, seeks permission to withdraw the present petition with liberty to file an application for parole under the Haryana Good Conduct Prisoners (Temporary release) Act, 2022 (enforced from 11th April, 2022) (for short 'the Act') 3.

Petition is dismissed as withdrawn of with liberty as prayed for.

4.

There is no doubt that in eventuality petitioner makes an prayer under the new Act, considering his medical condition, same would be considered in accordance with law expeditiously. "

3.

Learned counsel for the petitioner submits that pursuant to passing of the aforesaid order dated 5.12.2022, the petitioner submitted an application dated 8.12.2022 (Annexure P-3) to the Superintendent, Central Jail, Ambala but the same has not been decided so far. Learned counsel for the petitioner has further submitted that the petitioner is suffering from multiple ailments and that virtually on every second day, he is required to be taken to hospital and has also been referred to Post Graduate Institute of Medical Education & Research (PGIMER), Chandigarh as is evident from medical status report (Annexure R-1) of the petitioner.

4.

Status report by way of affidavit of Superintendent, Central Jail, Ambala accompanied by medical status report (Annexure R-1) of the petitioner has been filed by learned State counsel, which is taken on record. 5.

It has been stated in the reply that the petitioner had earlier been released on parole w.e.f. 9.11.2022 till 8.12.2022. A persual of medical status report (Annexure R-1) of the petitioner does show that the petitioner is having various ailments.

( 3 ) 6.

In view of the aforestated position, the instant petition is disposed of with a direction to respondent No.5-Superintendent Jail, District Prison, Ambala, Haryana authorities concerned to consider the representation dated 8.12.2022 (Annexure P-3) filed by the petitioner seeking grant of emergency parole expeditiously preferably within a period of 2 weeks from today while duly taking into account the latest medical report of the petitioner. 7.

A copy of this order alongwith a copy of representation dated 8.12.2022 (Annexure P-3) be sent to respondent No.5-Superintendent Jail, District Prison, Ambala, Haryana for necessary compliance. 1.2.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No