Petitioner sought extension of parole under Section 482 CrPC due to pulmonary tuberculosis and diabetes. Court held no ground for extension as treatment available in Jail Hospital sufficed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
Criminal Misc. No. M-1086 of 2009 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-1086 of 2009 (O&M) Date of Decision:10.02.2009
Mukhtiar Singh @ Tari
.....Petitioner
Vs.
State of Punjab and another
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. B.S. Kathuria, Advocate for the petitioner. Mrs. R.K. Nihalsinghwala, Senior Deputy Advocate General, Punjab.
HARBANS LAL, J.
Crl. Misc. No.6888 of 2009
Allowed to place on record rejoinder to the reply by way of affidavit of Satpal Singh PPS, Superintendent, District Jail, Hoshiarpur. Disposed of accordingly.
Crl. Misc. No. M-1086 of 2009
This petition has been moved by Mukhtiar Singh alias Tari under Section 482 of Cr.P.C for extension of parole for a period of four weeks with effect from 14.1.2009 in case FIR No.32 dated 4.2.2006 registered under Sections 15/61/85 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the Act') at Police Station Mahilpur, District Hoshiarpur.
The facts in brief are that the petitioner has already undergone three years out of 10 years of the sentence awarded under Section 15 of the
Criminal Misc. No. M-1086 of 2009 (O&M) -2-
Act. He had been availing the parole from time to time on previous occasions as admissible under rules of Punjab Jail Manual. He was lastly released on parole for four weeks by the respondents. Later on, he moved an application for extension of his parole. He is suffering from old case of pulmonary tuberculosis and during his judicial custody, for most of the time, he remained admitted in the Jail Hospital regarding the aforesaid decease, but he could not recover as it takes long time to recover. When he was released from the jail and he felt some complications, he went to the Civil Hospital, Hoshiarpur where he was admitted due to advanced stage of T2DM c Tbs. He is on DOTS cat I, but still he is not responding to the treatment being given to him. In these circumstances, his parole may be extended.
I have heard learned counsel for the parties, besides perusing the record with due care and circumspection.
Obviously, the petitioner has sought extension of parole for a period of four weeks with effect from 14.1.2009. From time to time, his parole period has been extended by this Court. Thus, he has availed more than three weeks of parole. As per Annexure P.1, he was discharged on 6.11.2008 by Senior Medical Officer of the Punjab Health Systems Corporation. He can get treatment from the Jail Hospital. If any, complication arises, he can be moved to the Civil Hospital at Hoshiarpur. Thus, no ground is made out for extension of parole. Accordingly, this petition is disposed of.
February 10, 2009 renu Whether to be referred to the Reporter? No
( HARBANS LAL ) JUDGE
1 issue framed by the court
Whether extension of parole is justified given the petitioner's health condition of tuberculosis and T2DM.
2 provisions across 2 enactments
Mukhtiar Singh @ Tari
State of Punjab
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
