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1989 Supreme(P&H) 390

PUNJAB & HARYANA HIGH COURT
A.P.Chowdhri, J.
Mehal Singh
Versus
State Of Punjab
Criminal Writ Petition No. 1415 of 1989,
Decided On : MAY 10, 1989

Important Points

The urgent medical needs of a family member and the absence of alternative caregivers can be compelling reasons to grant emergency parole.

Subject

Criminal Law - Prisoners' Rights and Parole

Act Referred

PUNJAB GOOD CONDUCT PRISONERS TEMPORARY RELEASE ACT : S.3(1)(a)

Headnote

Emergency Parole - Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - The court directed the release of the petitioner on parole for two weeks due to the urgent medical needs of his son and the absence of any other adult male member in the family.

Fact of the Case:

The petitioner, undergoing life imprisonment for a murder conviction, applied for emergency parole as his son required urgent medical attention and there was no other adult male member in the family to attend to him.

Finding of the Court:

The court found the petitioner's situation to be compelling and directed his release on parole for two weeks as an interim measure.

Issues: Emergency parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

Ratio Decidendi: The court considered the urgent medical needs of the petitioner's son and the absence of any other adult male member in the family as compelling reasons to grant emergency parole.

Final Decision: The court directed the release of the petitioner on parole for two weeks as an interim measure.

Judgment

A.P.Chowdhri, J.

1. Notice to the respondents through Advocate General, Punjab, for 10-5-1989. The petitioner is undergoing life imprisonment following his conviction in a Murder case under orders of learned Sessions Judge, Amritsar. He has already undergone more than 4 years. He applied to the authorities for emergency parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 , on April 27, 1989 on the ground that his son was admitted to the hospital and had been advised operation urgently. There was no other adult male member in the family who could attend to his ailing son. The authorities failed to communicate any decision on the said application and, therefore, the present petition. The petition is supported by certificate Annexure P. I issued by a Senior Medical officer, P.H.C. Kasel, District Amritsar, as also by writing of the Panchayat Annexure P. 2. The petitioner has categorically stated that he was never awarded any jail punishment during his incarceration. In the peculiar facts of the case, it is directed that the prisoner aforesaid shall be released on parole initially for two weeks on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Amritsar, as an interim measure Order be given dasti. Order accordingly.

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