Petitioner sought extension of parole for wife's illness. Court noted wife underwent surgery within the already extended parole period. Dismissed petition finding no ground for further extension.
Extension of parole dismissed; parole stands until 6.2.2009.
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-1376 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-1376 of 2009 Date of Decision:06.02.2009
Gulam Nabi Baba
.....Petitioner
Vs.
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Sanjeev Manhas, Advocate for the petitioner.
Mr. T.S. Salana, Deputy Advocate General, Punjab.
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Gulam Ali Baba under Section 482 of the Code of Criminal Procedure read with Section 39(1)(a) of Punjab Good Conduct (Temporary Release) Act, 1962 for extension of parole for four weeks on account of illness of his wife Feroza Akhter.
In reply filed by the respondents, it has been averred that verification report has been obtained from Station Police Division Sheerbagh, District Anantnag, Jammu and Kashmir. This medical certificate has been issued by Dr. Sheikh Sajad. The parole of the petitioner was extended upto 6.2.2009. As per medical certificate issued by the Medical Officer of the Mirza Mohd. Afzal Beg Memorial Hospital, Anantnag, the wife of the petitioner was to undergo surgery on 2.2.2009 and parole of the petitioner has already been extended upto 6.2.2009. The medical report is Annexure R.1 and police report is Anneuxre R.2. It is abundantly clear from this reply that the wife of the petitioner has
-2-
Criminal Misc. No. M-1376 of 2009
undergone surgery on 2.2.2009. That being so, no ground is made out to extend the emergency parole of the petitioner. As such, this petition is dismissed.
February 06, 2009 renu
( HARBANS LAL ) JUDGE
Whether to be referred to the Reporter? Yes/No
2 issues framed by the court
Whether the petitioner is entitled to an extension of emergency parole given that the medical certificate indicates the wife underwent surgery on the date already covered by the extended parole.
Whether the verification report from the Station Police sufficiently establishes grounds for further extension beyond the already granted date.
2 provisions across 2 enactments
Gulam Nabi Baba
State of Punjab
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
