Mangat Rai vs State Of Punjab And Others

Shalini Singh Nagpal, J

By way of Criminal Writ Petition under Article 226/227 of the Constitution of India, petitioner seeks quashing of order dated 17.04.2026 passed by respondent No.2 rejecting his request for parole on medical grounds.

A Coordinate Bench of this Court in CRWP-3801-2026 on 10.04.2026, disposed of a petition filed by petitioner with direction to respondent No.2 to decide petitioner's representation dated 14.03.2026 for grant of parole within a period of 2 weeks, clarifying that the order should be reasoned and be communicated to the petitioner as well as his counsel without delay.

COCP-2428-2026 filed by petitioner was disposed of by a Coordinate Bench on 18.05.2026 with liberty to the petitioner to challenge the order of respondent No.2 in case he is aggrieved by the said order.

Petitioner, who was on parole upto 12.03.2026 surrendered before the Jail Authorities on 12.03.2026 after expiry of parole on 14.03.2026. He submitted fresh representation to respondent No.2 for grant of parole. The said representation was decided by Superintendent, Central Jail, Patiala and petitioner was intimated as that as per Punjab Good Conduct Prisoners (Temporary Release) Amendment Act, 2018, 16 weeks of parole was given to prisoners in a year but the prisoner could avail parole only on quarterly/half yearly basis in a year. Petitioner having availed 56 days of parole in first half of the year 2026, as per orders of District Magistrate, Patiala from 16.01.2026 to 12.03.2026, could avail remaining 8 weeks of parole only during the second half of the year 2026 i.e. from 01.07.2026.

Learned counsel for the petitioner submits that petitioner was suffering from Larynx Squamous Cell Carcinoma and was undergoing treatment at Fortis Hospital, Mohali. During the parole period from 16.01.2026 to 12.03.2026, the treating Doctor had advised him to undergo total laryngectomy surgery along with adjuvant radiation therapy which required prolonged treatment and recovery. After surrendering in the jail on 12.03.2026, petitioner submitted fresh representation on 14.03.2026 which was decided only after orders of a Coordinate Bench dated 10.04.2026. The order was illegal as respondent No.2 failed to consider grave medical condition of the petitioner and his requirement for urgent treatment.

Notice of motion to official respondents only.

Mr. Bareen Pratap Singh, AAG, Punjab, accepts notice on behalf of official respondents and submits that order of respondent No.2 was in terms of Section 3 of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and 16 weeks parole could not be granted at a stretch.

As per Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, the total period of temporary release of prisoner cannot exceed 16 weeks during a calendar year and shall be availed on quarterly basis. The documents placed on record by the petitioner shows that he was treated in Fortis Hospital, Mohali for carcinoma glottis, however, there was nothing on record to show that petitioner requires urgent surgical intervention. Annexure P2 and Annexure P3 have not fixed any date of surgery. The order of respondent No.2 that petitioner having availed 8 weeks of parole from 16.01.2026 to 12.03.2026 could avail the remaining parole only during the second half of 2026 is not illegal, as per mandatory provisions of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. The fact remains that petitioner is 74 years old and is suffering from a life threatening disease. Accordingly, the petition is disposed of with a direction to the official respondents to consider petitioner's release on parole with effect from 01.07.2026.

The petition stands disposed of, on the terms above.

All the pending miscellaneous applications, if any, stand disposed of.