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Judgment
4 paragraphs · 290 wordsH S. Brar, J.
The detenu is needed to be released on parole to enable him to admit his bedridden son Balkar Singh in the Hospital for operation of Chronic Appendicitis. This assertion in the petition has been fortified by medical certificate issued by the Chief Medical Officer I/C Civil Hospital Samana who has certified that the petitioner is suffering from Chronic Appendicitis and he is under treatment from this hospital and he requires investigation and operation. The main objection of the respondents in the reply filed on behalf of respondent Nos 1 and 2 is that the petitioner has not completed one year actual sentence in jail and as such his conduct can not be ascertained for his becoming eligible for releasing him on parole. It is then stated in the reply that the petitioner had approached this Court direct with the medical certificate.
After going through the facts of this case, I find that the detenu is certainly required for getting admitted his bedridden son Balkar Singh in the Hospital for operation of Chronic Appendicitis; especially when he has got no other adult member of his family to look after the welfare of his son, who is seriously ill. Under the instructions issued by the State Govt. a detenu in emergency cases can be released on parole even if one year is not completed. This is a case of suchemergency. Inview of the facts and circumstances of the case, I direct the respondents to release the petitioner on two weeks'' medical parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 immediately on his furnishing adequate surety as envisaged under the law to the satisfaction of the District Magistrate, Patiala.
JUDGMENT accordingly.