Sukhwinder Singh vs State of Punjab and Others

Mehinder Singh Sullar, J.—The contour of the facts, which needs a necessary mention, relevant for the limited purpose of deciding the core controversy, involved in the instant writ petition and oozing out, from the record, is that, petitioner Sukhwinder Singh son of Jagdish Singh, was undergoing the sentence in Central Jail, Gurdaspur in a case registered against him, vide FIR No. 67 dated 5.7.1997, on accusation of having committed the offences punishable under Sections 302, 307, 323, 324, 326 and 452 read with Section 34 IPC and Section 25 of the Arms Act by the police of Police Station Rangar Nangal. His father was stated to have come to meet him in the jail, where he suffered a massive heart attack. Taking into consideration the serious condition of his father, the concerned authorities recommended his release from the jail. Consequently, the petitioner was released from the jail, by virtue of impugned order dated 9.3.2012 (Annexure P1). He was directed to surrender in the jail on 24.3.2012. Now the petitioner has moved the present writ petition for extension of emergency parole for six weeks to enable him to get his father operated for bypass surgery and to look after his ailing mother.

Notice of the writ petition was issued and the State has filed the reply admitting therein, that as per inquiry report, the father of the petitioner, is still admitted in Tricity Hospital, Chandigarh in a serious condition. His Stent Implantation/CABG has been fixed for 28.3.2012. As per medical certificate (Annexure R1), Mr. Jagdish Singh 60 M S/o Mr. Sadhu Singh, was admitted in CCU with diagnosis of MI, CAD; Triple Vessel Disease, Benign Essential Hypertension, PTCA Stent-Implantation CABG has been fixed for 28th March, 2012. For restoration of his health, he needs revascularization (Stent Implantation or Coronary Artery Bypass Graft Surgery) which has been scheduled for March 28, 2012. Meanwhile, he needs proper medication and complete bed rest till next advice he has been admitted in the hospital.

Meaning thereby, it stands proved on record that the father of petitioner has to undergo bypass surgery and his services are required in the hospital. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed hereinbefore, to my mind, this petition deserves to be and is hereby accepted in the obtaining circumstances of the case.

In the light of aforesaid reasons, the instant writ petition is accepted. The emergency parole already granted to the petitioner, vide impugned order (Annexure P1) is hereby extended till 15.4.2012 and he is directed to surrender before the jail authorities on 16.4.2012 positively. A copy of this order be given dasti to the counsel for petitioner under the signatures of Reader of this Bench.