Kulwant Singh vs State of Punjab

Harmohinder Kaur Sandhu, J.

Kulwant Singh is undergoing imprisonment for 12 years in Central Jail, Amritsar after his conviction on 14.5.1993. He has filed this petition for his temporary release on parole for attending to his wife who is seriously ill and was advised immediate operation. He alleged that his wife Piar Kaur, who was residing in village Barauli Khalilabad, Lucknow, was in great pain and agony because she is suffering from multiple uterine fibroids and was having excessive bleeding. The disease was to be controlled by surgery and the doctors had advised immediate operation. His family consisted of two minor sons and two daughters. One daughter who was aged 14 years was presently looking after the domestic affairs. His parents had expired and there was nothing in the family to attend his ailing wife.

The allegations made in the petition were supported by Gurcharan Singh, a neighbourer, who has filed his affidavit. Certificate issued by the doctor was also placed on record.

In the return filed by the respondent it was admitted that the conduct of the petitioner in jail was good and he never committed any jail offence. This fact was also conceded that release on parole was permissible in case of emergency.

I have heard the counsel for the parties and have perused the record.

The medical certificates produced by the petitioner show that Piar Kaur was suffering from, multiple uterine fibroids and she needed urgent operation to stop further loss of blood. Since the petitioner has no other male member in the family who could attend Piar Kaur at the time of her operation, I allow this petition and direct the respondents to release the petitioner for four weeks on parole on his furnishing requisite bonds to the satisfaction of District Magistrate, Amritsar.