Partly allowed

Lakhwinder v. State of Haryana and Ors.

Punjab & Haryana HC6 Feb 2009CRM-M/1095/2009

Case brief

AI extract

What is this about?

Prisoner sought emergency parole under Haryana Good Conduct Prisoners Act due to wife's critical medical condition. Court set aside rejection by District Magistrate, observing sufficient time elapsed post-conviction and genuine medical emergency.

What did the court decide?

Petitioner directed to be released on emergency parole for 4 weeks under Section 3(1)(a), subject to District Magistrate's satisfaction and surety; surrender required upon expiry at Hisar Jail.

Lakhwinder Vs State of Haryana and… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M 1095 of 2009 Date of decision: 6.2.2009

Lakhwinder

...Petitioner

Versus

State of Haryana and others

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...Respondents

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CORAM: HON'BLE MR.JUSTICE HARBANS LAL

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Present: Mrs.Sarla Chaudhary, Advocate for the petitioner

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Mr.Tarunveer Vashist, Addl.A.G., Haryana

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Harbans Lal, J.

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This petition has been moved by Lakhwinder Singh petitioner, under Section 482 of Cr.P.C. for grant of emergency parole in view of the provisions enshrined in Section 3(1)(a) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter to be referred as 'the Act') for treatment of his wife by setting aside the rejection order Annexure P-2.

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The brief facts of the case are that the petitioner is undergoing imprisonment for 5 years in case FIR No.247 of 2002 registered under Section 307 of IPC at Police Station Fatehabad. He was convicted and sentenced on 21.1.2008. The jail authorities and the District Magistrate, Fatehabad have rejected his parole case vide Annexure P-2 by stating that the prisoner has not completed one year of sentence after conviction and that his case is not covered by the definition of Section 3(1)(a) of the Act.

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In reply filed to this petition, it has been averred that in view of Rule 4(1) of the Act, the prisoner shall be entitled for parole only if he has completed one year of his imprisonment after conviction and has earned his

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CRM No.M 1095 of 2009

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-2-

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first annual good conduct remission under the Act. As such, the parole case of the petitioner does not come within the purview of Section 3(1)(a) ibid. It was also not shown by the Medical Officer on the Out Door Ticket that wife of the petitioner was serious. In these premises, this petition may be dismissed.

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I have heard the learned counsel for the parties. There is no gain saying the fact that the petitioner was convicted on 21.1.2008. Thus obviously, he has completed one year of his imprisonment after conviction. As transpires from annexure P-3, the Out Door Ticket of Narinder Kaur wife of the petitioner purportedly issued by the General Hospital, Fatehabad, her Uterus has to be removed after opening the abdomen and the medicines have also been prescribed. To my mind, in view of Annexure P-3, the case of the petitioner falls within the ambit of emergency parole.

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This petition is disposed of with a direction that the petitioner shall be released on emergency parole under Section 3(1)(a) ibid for 4 weeks parole from the date of his release, subject to the satisfaction of the District Magistrate, Fatehabad, who will seek adequate surety on behalf of the petitioner under the Rules. On expiry of his parole period, the petitioner shall surrender before the Superintendent, Central Jail, Hisar- respondent No.3.

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(Harbans Lal) Judge

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February 6, 2009 gsv

Lakhwinder v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Lakhwinder v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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