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2014 Supreme(P&H) 425

S.S.SARON, LISA GILL
Deepak – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Ms. Maninderpreet Kaur, Advocate.
For the Respondent: Ms. Tanisha Peshawaria, DAG, Haryana.

JUDGMENT

Mr. S.S. Saron, J.: - Heard, learned counsel for the parties.

2. The criminal writ petition has been filed under Articles 226/227 of the Constitution of India for release of the petitioner on emergency parole to enable him to look after his ailing wife and new born daughter.

3. The petitioner is undergoing life imprisonment at District Jail, Rohtak after his conviction in a case under Section 302 read with Section 34 Indian Penal Code. The wife of the petitioner gave birth to a daughter and his wife after delivery has been suffering from pain and cervical spondylitis and has also low back pain. She is unable to walk, which is similar to paralysis. On the last date of hearing, learned counsel for the petitioner had produced medical certificates in respect of his wife from the Pt. B.D. Sharma PGIMS, Rohtak, whereby complete rest for three weeks has been adviced to his wife.

4. In terms of the reply filed by the respondent, the paralytic condition of the wife of the petitioner is not denied, however, it is stated that in view of notification dated 18.12.2007, a prisoner is entitled to apply for parole only after, he has completed one year of imprisonment after conviction and






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