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2023 Supreme(P&H) 1663
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Kirti Singh, Anupinder Singh Grewal, JJ.
Sandeep – Appellant
Versus
State of Haryana & Ors. – Respondents
CRWP No. 11367 of 2023
Decided On : 07-12-2023
Important Points
Subject
Criminal Law - Parole
Act Referred
INDIAN PENAL CODE : S.363, S.366(a)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.4, S.8
Headnote
Findings of Court:
The court finds it appropriate to grant parole considering the medical condition of the petitioner's sisters.
Issues: The main issue addressed is the justification for granting parole in light of the petitioner's conviction and the health of his sisters.
Ratio Decidendi: The court emphasizes the humanitarian grounds for granting parole when family members are suffering from serious health issues.
Result: Petition disposed of; parole granted for four weeks.
For the Parties : Mr. Rajesh Nain, Mr. Rahul Dev Singh AAG, Haryana
Judgment
Mr. Anupinder Singh Grewal, J.
The petition has been filed for issuance of a writ in the nature of mandamus directing the respondents No. 2 to 5 to release the petitioner on parole of six weeks to enable him to make arrangements for the treatment of his sisters.
2. Learned counsel for the petitioner submits that the petitioner has been convicted and sentenced for a period of 20 years for the commission of an offense punishable under Sections 363, 366-A IPC (Sections 4 & 8 of the POCSO Act added later on) in FIR. No.121 dated 07.06.2016, registered at Police Station City Narwana, Jind. He has undergone sentence of 05 years and is not involved in any other case. He also submits that the sisters of the petitioner, namely, Manju and Paramjeet are suffering from cancer and undergoing treatment. He has referred to the medical record at Annexures P-1 & P-2.
3. Learned State Counsel has filed reply by way of affidavit of Amit Bhatia, HPS, Deputy Superintendent of Police, Narwana, District Jind wherein it is stated that upon enquiry it was found that both the sisters of the petitioner are suffering from cancer and are under treatment in PGIMER, Chandigarh and AIMS, New Delhi. Copy of the medical reports of the sisters have been annexed with the reply as Annexure R-1.
4. In view of the above, specially, when sisters of the petitioner are suffering from cancer, we deem it appopriate to grant parole to the petitioner. The petition is disposed of. The respondents are directed to release the petitioner on parole for a period of four weeks on his furnishing bonds to the satisfaction of the concerned authority. On the expiry of period of parole of four weeks, the petitioner is directed to surrender before the concerned jail authorities.
