Single judge allowed criminal revisional writ petition seeking parole. Granted release of petitioner for medical surgeries on ground of illness. Directed surrender after treatment.
Petitioner released on parole for two months subject to surrendering by 5 PM on 20.11.2020 and furnishing surety bonds.
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.
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CRWP No.6558 of 2020
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No.6558 of 2020 Date of Decision.11.09.2020
Khushi Khan
...Petitioner
Vs
State of Punjab and others
...Respondents
CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. G.S. Sandhu, Advocate for the petitioner.
Mr. Gaurav Dhuriwala, Sr. DAG, Punjab.
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JAISHREE THAKUR J. (ORAL)
By way of instant crl. writ petition, the petitioner seeks her release on parole for a period of six weeks on the ground that she has to undergo two surgeries as is evident from medical certificate (Annexure P- 2).
Brief facts of the case are that the petitioner had been sentenced to undergo imprisonment for a period of 12 years in FIR No.211 dated 19.08.2009 under Section 15 of the NDPS Act, which was set aside by this Court vide judgment dated 22.01.2019 passed in appeal preferred by the petitioner, however, in the SLP preferred by the State against the judgment of High Court, the Hon'ble Supreme Court reduced the sentence to ten years.
The petitioner had applied for parole vide CRWP No.3843 of 2020 which was allowed by this Court vide order dated 27.08.2020 for a
PANKAJ KUMAR 2020.09.15 13:11 I attest to the accuracy and integrity of this document
CRWP No.6558 of 2020
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period of four weeks and the petitioner was directed to surrender on 28.08.2020. While on parole, the petitioner was not keeping good health and after having been medically examined at SDH, Malerkota, she had been advised to undergo two surgeries, which is evident from medical certificate annexed with the instant petition as Annexure P-2.
Learned counsel for the petitioner herein would contend that the petitioner is diagnosed with fibroid in uterus and has also a history of diabetes and hypertension. As per report of Dr. Chamanjot Singh, MS Surgery, PCMS-1, SDH Malerkotla, she is required to undergo surgeries for gall bladder and hysterectomy. The first surgery is planned on 14.09.2020 and to undergo both surgeries and follow up treatment substantial time period is required, therefore, prays for releasing the petitioner on parole for a period of six weeks.
In pursuance of order dated 07.09.2020, learned counsel appearing on behalf of the respondent-State on instructions from ASI Bhupinder Singh has verified the factum of undergoing two surgeries by the petitioner.
I have heard learned counsel for the State and have also perused the medical certificate.
In view of the fact that the petitioner has to undergo two surgeries as dilated hereinabove, this Court deems it appropriate to release the petitioner on parole for a period of two months.
Consequently, the instant petition is allowed and the petitioner is ordered to be released on parole forthwith subject to her furnishing surety bonds to the satisfaction of the competent authority to enable her to undergo
PANKAJ KUMAR 2020.09.15 13:11 I attest to the accuracy and integrity of this document
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CRWP No.6558 of 2020
the planned surgery. The petitioner shall also furnish a telephone number to the Jail Superintendent on which she can be contacted if required. The petitioner shall surrender before the District Jail, Sangrur by 5 PM on 20.11.2020.
(JAISHREE THAKUR) JUDGE
September 11, 2020 Pankaj*
Whether speaking/reasoned Yes/No Whether reportable Yes/No
PANKAJ KUMAR 2020.09.15 13:11 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner should be released on parole for medical treatment.
1 provisions across 1 enactments
Khushi Khan
State of Punjab and others
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
