1991 Supreme(P&H) 1015
PUNJAB & HARYANA HIGH COURT
H.S.Brar, J.
Mohinder Singh
Versus
Inspector General Of Prisons
Criminal Misc. No. 9630 of 1991,
Decided On : OCTOBER 31, 1991
Important Points
Subject
Criminal Law - Parole and Temporary Release
Act Referred
Headnote
Parole - Emergency Medical Parole - The court directed the release of the detenu on two weeks medical parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 to admit his bed-ridden son for operation of Chronic Appendicitis.
Fact of the Case:
The detenu's son required urgent medical treatment for Chronic Appendicitis, and the detenu sought parole to admit his son to the hospital. The respondents objected, citing the detenu's incomplete one-year sentence.
Finding of the Court:
The court found that the detenu's son required urgent medical attention, and the detenu had no other adult family member to care for him. The court also noted that under the State Govt. instructions, a detenu in emergency cases can be released on parole even if one year is not completed.
Issues: The main issue was whether the detenu should be released on parole for the medical treatment of his son, despite not completing one year of actual sentence in jail.
Ratio Decidendi: The court relied on the emergency nature of the medical situation and the instructions issued by the State Govt., allowing for the release of a detenu in emergency cases even if one year is not completed.
Final Decision: The court directed the respondents to release the petitioner on two weeks medical parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 immediately on his furnishing adequate surety as envisaged under the law to the satisfaction of the District Magistrate, Patiala.
H.S.Brar, J.
1. The detenu is needed to be released on parole to enable him to admit his bed-ridden son Balkar Singh in the Hospital for operation of Chronic Appendicitis. This assertion in the petition has been fortified by medical certificate issued by the Chief Medical Officer I/C Civil Hospital Samana who has certified that the petitioner is suffering from Chronic Appendicitis and he is under treatment from this hospital and he requires investigation and operation. The main objection of the respondents in the reply filed on behalf of respondent Nos 1 and 2 is that the petitioner has not completed one year actual sentence in jail and as such his conduct can not be ascertained for his becoming eligible for releasing him on parole. It is then stated in the reply that the petitioner had approached this Court direct with the medical certificate.
2. After going through the facts of this case, I find that the detenu is certainly required for getting admitted his bed-ridden son Balkar Singh in the Hospital for operation of Chronic Appendicitis; especially when he has got no other adult member of his family to look after the welfare of his son, who is seriously ill. Under the instructions issued by the State Govt. a detenu in emergency cases can be released on parole even if one year is not completed. This is a case of such-emergency. In-view of the facts and circumstances of the case, I direct the respondents to release the petitioner on two weeks medical parole under section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 immediately on his furnishing adequate surety as envisaged under the law to the satisfaction of the District Magistrate, Patiala.