Vijay Pal v. State Of Haryana And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 14.11.2025 Vijay Pal . . . Petitioner(s)
Versus
State of Haryana and others . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Bhupinder Kaur Bhangu, Advocate for Ms. Gagandeep Kaur, Advocate for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
**** SANJAY VASHISTH, J. (Oral) 1.
Present Criminal Writ Petition has been filed under Articles 226/227 of the Constitution of India read with Sections 3 & 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, seeking directions to respondents No.3 & 4 to grant emergency parole for a period of eight weeks on humanitarian and medical grounds, to enable the petitioner to attend and look after his wife, who is in coma and on ventilator support. 2.
Learned counsel for the petitioner submits that the wife of the petitioner, namely Anil Kumari, is in coma and is presently surviving on ventilator support. For taking care of the ailing mother, the daughter of the petitioner has been coming to the house, but she herself is on the family way and is expecting her delivery in the month of January 2026. 3.
Learned counsel contends that earlier also, the petitioner was granted the concession of emergency parole for four weeks vide order dated 03.05.2025, passed in CRWP-4402-2025, titled "Vijay Pal v. State of Haryana and others" (Annexure P-3).
4.
In the present case, after hearing learned counsel for the
- 2 - petitioner, on 03.11.2025, the following order was passed:- "1.
Present Criminal Writ petition has been filed u/s 226/227 of the Constitution of India r/w Sections 3 & 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, for seeking directions to respondents No.3 & 4 to grant emergency parole for a period of eight weeks on humanitarian and medical grounds, to enable him to attend and look after his wife, who is in coma and on ventilator support.
2.
Learned counsel for the petitioner submits that for seeking emergency parole on humanitarian and medical grounds, petitioner has sought parole for a period of four weeks to look after his incapable wife. In this regard, he made a representation 20.10.2025 (Annexure P-4) before the Superintendent, District Jail, Jhajjar (respondent No.4 herein), however, no heed is being paid thereupon and same is still pending consideration.
3.
Notice of motion.
4.
On asking of the Court, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, who is present in the Court, accepts notice for the respondents - State and seeks time to get instructions and to status report. Let requisite copies of the complete paper book be handed over to the learned State counsel, during the course of the day. 5.
Adjourned to 10.11.2025.
6.
After verifying the health condition of the petitioner's wife, let an exhaustive status report be filed, specifically assigning reasons as to whether the prayer made by the petitioner deserves to be accepted or not.
Meanwhile, it will be open for the respondents to examine the representation dated 20.10.2025 (P-4) as per law, and may decide it finally.
To be shown in the urgent list."
5.
Thereupon, today learned State counsel has filed the status report dated 13.11.2025 in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.
6.
Para No.5 & 6 of the status report reads as under:- "5.
That in compliance of order dated 03.11.2025 of the Hon'ble High Court, the concerned investigating official obtained the medical opinion from the concerned doctor regarding the health condition of the petitioner's wife wherein the concerned doctor opined that petitioner's wife Anil Kumari is completely bed ridden on ryles tube feeding and has tracheostomy tube for respiratory purpose, whose treatment is going on at HOLY HEART HOSPITAL ROHTAK, who stays on the bed at her home. Copy of Medical opinion dated 08.11.2025 is enclosed herewith as Annexure R-1.
- 3 - 6.
That thereafter the concerned investigating official reached at the address of the petitioner for verifying the facts regarding other family members of the petitioner where the investigating agency found that petitioner Vijaypal has three children, all of them are married, the elder son Mohit lives with his children in Bani Khet, Himachal, the second son Paras lives with his children in Jaipur, Rajasthan and the daughter Amita is married in Delhi and has a 7 month old child in her womb. That petitioner's wife Anil Kumari is on the bed, is in coma, does not speak or recognize. There is no family member to take care of her." 7.
Besides, certificate dated 08.11.2025, issued by the Dr. Karan Bhutani, of HOLY HEART SUPER SPECIALTY & TRAUMA CENTRE (appended along with status report), is also reproduced here-under:- "TO WHOM IT MAY CONCERN Date-08/11/2025 This is to certified that Mrs. Anil Kumari W/O Mr. Vijaypal, Age/Sex52yrs/Female, R.O:- H.No: 107, Jakhauda (41), Jhajjar, Haryana :- 124505. Patient presented to hospital with history of unconsciousness and cardiorespiratory arrest at home. CPR was given by attendants and patient was taken to a private hospital. CPR was done at arrival in hospital emergency and patient was revived after 15-20 minutes of CPR. Patient was intubated and put on Mechanical Ventilator support. Patient was referred to higher centre in intubated state. Patient was brought to our hospital on 12.05.2024.
Patient was admitted to ICU and put on mechanical ventilator support. Patient also had urine & blood infection that was managed as per ICU protocols. Post hospitalization patient had suffered severe HIE(Hypoxic ischemic encephalopathy) because of which patient was completely bed ridden, had a tracheostomy in situ and was on Ryle's tube feeding. Patient is on follow up of our hospital since then her neurology condition has not improved on treaiment and will be in need of Ryle's Tube feeding with continuous secretion from endotracheal tube with other preventive measures to prevent bed sores and infection from Foley's/ Others. Last follow up was done on 18/10/2025. Patient condition still same .She is completely bed ridden on ryles tube feeding and has tracheostomy tube for respiratory purpose.
This is to informed that above mentioned information is best of my knowledge Sd/-8/11/25 Authorized Signatory Dr. Karan Bhutani M.B.B.S., M.D. (Medicine) Reg. No.
8.
Taking note of all the facts and circumstances, including the fact that the wife of the petitioner is in serious condition and requires regular
- 4 - manual health assistance, and further that at this stage of life she would be expecting her life companion with her; and otherwise also, as detailed in the status report, the petitioner has three children, all of whom are married - the elder son Mohit living in Bani Khet, Himachal Pradesh, the second son Paras living in Jaipur, Rajasthan, and the daughter Amita married in Delhi and carrying seven months' pregnancy - therefore, taking note of all the facts and circumstances as discussed and noted here-above, the prayer made in the present petition is allowed.
The petitioner is directed to be released on emergency parole for a period of four weeks from 17.11.2025, and he shall surrender back to the Jail Authorities on 19.12.2025 at or before 05:00 P.M., in compliance with the directions passed by this Court.
Petition stands disposed of accordingly.
Misc. application, if any, also stands disposed of. (SANJAY VASHISTH) JUDGE November 14, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No