JUDGMENT

Harinder Singh Sidhu, J.

CRM-W-393-2023 is allowed. The documents annexed with the application are taken on record.

2. Ravi Kumar - petitioner has been convicted and sentenced to undergo life imprisonment vide judgment and order dated 22.09.2021 passed by the Ld. Additional Sessions Judge, Hoshiarpur in case FIR No.64 dated 22.05.2016 under Section 302 , etc., Police Station Sadar Hoshiarpur. Against his conviction he has preferred an appeal (CRA-D-617-2021) which is pending.

3. In this petition, he has assailed the order dated 04.01.2023 (Annexure P-4) passed by Respondent No.4 - the Superintendent, Central Jail, Ferozepur, whereby, his request for grant of Emergency Parole has been declined, while observing as under:-

"... Considering your representation dated 06.12.2022 received in this office on 06.12.2022 without signature/thumb impression, you are informed that you have committed jail offence on 17.09.2022 and therefore you are not eligible for consideration under Punjab Good Conduct (Temporary Release) Act, 1962 and your parole/emergency parole case will be considered after one year from the date of committal of offence i.e. 17.09.2023 as per instruction issued vide letter No.10718/48 dated 19.09.2002 and after release on bail in pending cases and due to above said reason, undersigned is not the competent authority to consider grant of any kind of parole/emergency parole under any circumstances whatsoever."

4. Mr. Nandan Jindal, Ld. counsel for the petitioner has submitted that the mother of the petitioner is suffering from heart ailment. Earlier, she was getting treatment from the Department of Cardiology, Government Medical College, Amritsar. Referring to the medical record Annexure P-5, it is stated that now the mother of the petitioner, namely Smt.Ninder Kaur @ Narinder Kaur is undergoing treatment from Department of Cardiology, PGIMER, Chandigarh. She was admitted there on 28.02.2023. ECG and Echo tests were conducted and she has been advised angioplasty with stent (PCI - Percutaneous Coronary Intervention).

5. Mr.Jindal further submits that the petitioner and his brother, both are undergoing the life imprisonment. There is no male member in the family to take care of their mother and for that reason the angioplasty is being delayed. So far as the alleged involvement of the petitioner in jail offence is concerned, it is argued that as per the Punjab Good Conduct (Temporary Release) Act, 1962 (for short 'the Act') it cannot be a reason to deny emergency parole to the petitioner for treatment of his seriously ill mother.

6. Reply has been filed by Deputy Superintendent of Police, Sub- Division City, District Hoshiarpur stating that the Police visited the house of the petitioner where Harwinder Kaur wife of the petitioner was present. She stated that her mother-in-law has been suffering from illness for a long and she is under treatment. That day, she was not present in the house and had gone to take medicines from some Hospital. Thereafter, the Police of Police Station Sadar, Hoshiarpur also recorded the statement of Kulwant Kaur, Municipal Councillor of Ward No.19, Mohalla Tak Chatri, Balmik Colony, Tarn Taran, who stated that mother of the petitioner is living in their Mohalla and her husband had died. She often remains ill. Harwinder Kaur and Kiran are her daughters-in-law. Narinder Kaur is getting treatment from Amritsar Hospital. Further, statement of Pawan Tulli, Nambardar was also recorded, who also stated that Narinder Kaur, mother of the petitioner has been suffering from illness and she is taking treatment from Amritsar. Along with reply, statements of all the above three persons have been annexed as Annexure R-2/T, R-3/T and R-4/T, respe