2023 Supreme(P&H) 3075
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN, J.
Baldev Singh – Petitioner
Versus
State of Haryana & Anr. – Respondents
CRWP-7228 of 2023 (O&M)
Decided On : 01-09-2023
Advocates Appeared:
Mr. L.K. Narang, Advocate and Mr. Kushager Goyal, Advocate; For the Petitioner
Mr. R.K. Ambavta, AAG, Haryana.
Headnote:(A) NDPS Act - Section 15 - 2022 Act - Sections 2(f), 2(g)(v), 5, 6(2), 6(3) - Emergency parole application - Petitioner, a hardcore prisoner, seeks temporary release for medical treatment - Previous applications declined based on his classification as hardcore prisoner - Furlough and parole defined under the 2022 Act - Court held that denial of emergency parole despite confirmed medical need violated the right to medical facilities as per Article 21 - Temporary release granted pending further legal procedures. (Paras 1, 2, 8, 9, 10)
(B) Emergency Parole - Under the 2022 Act, hardcore prisoners entitled to medical treatment - Denying parole goes against judicial interpretation of inmates' rights. (Paras 8, 9)
JUDGMENT
Mr. Pankaj Jain, J. (Oral)
Prayer is for grant of interim release of the petitioner on parole the medical ground as he is required to undergo treatment for right hip joint.
2. Petitioner is stated to be a hardcore prisoner by the respondent- State and his criminal antecedents have been spelled out as under:
"the petitioner/ convict Baldev Singh S/o Shri Gajjan Singh, aged 65 years R/o Village Jandwala Jattan, Tehsil Dabwali, District Sirsa, Haryana was acquired by the then Ld. Court of District & Sessions Judge, Sirsa on dated 22.04.1994. That, thereafter the State of Haryana has filed a CrL Appeal No. 39 DBA of 1995 before the Hon'ble Punjab & Haryana High Court Chandigarh, the Hon'ble Court reversed the judgment of acquittal passed by the Ld. Court of Session Judge Sirsa and convicted the petitioner/convict for the commission of offences punishable under Section 15 of NDPS Act vide Order dated 29.05.2003 in case FIR No. 234 Dated 17-09-1990 under Section 15 of NDPS Act, P.S3 Sadar Dabwali, District Sirsa has been sentenced as under :
| Offence/U/s. | Imprisonment | Fine | In default of fine imprisonment |
| 15 of NDPS Act | Rigorous imprisonment for a period of 12 (twelve) years | Rs.1,50,000/- | Rigorous imprisonment for a period of Six months. (Fine has not been paid.) |
4. That, the details of criminal case/others convicted case in respect of the petitioner are as under :-
(i) Convicted on 28.10.2003 in case FIR No. 130 dated 14-12-2019 under Section 8/9 HGCP Act 1988, Police Station Odhan, District Sirsa and sentenced to undergo simple imprisonment for 02 years and fine of Rs. 500/- (Fine Paid). In case of default of payment of fine the convict shall further undergo imprisonment for 07 days (On bail in this case).
5. That, the details of acquittal cases of the petitioner are as under :-
(i) FIR No. 45 dated 02-09-1993, under Section 18 NDPS Act P.S. Cant Firojpur Punjab. Convicted by the then Ld.Court of Special Judge, Firojpur (Punjab) on 10-02-2006 for 10 years rigorous imprisonment and to pay of fine of Rs. 1,00,000/- in default of fine 01 years rigorous imprisonment. ( acquitted by the Hon'ble High Court Chandigarh on 23-03-2006 in CRA- 466-SB of 2006)
(ii) FIR No. 41 dated 15/05/1996 under Section 18/61/85 NDPS Act. P.S. Sangat, District Bathinda. (Punjab) (Acquitted on 20-01-2006 by the then Ld. Court District & Sessions Judge Bathinda.)
6. That, the details of cases undergone by the above said convict are as under:-
(i) FIR No. 302 dated 16-12-1994, under Section 148, 149, 307, 323 IPC & Arms Act. P.S. Kalanwali, District Sirsa. Convicted by the then Additional District & Sessions Judge Sirs on 24-11-2005 for 05 years rigorous imprisonment and to pay of fine of Rs. 10,000/- in default of fine 06months rigorous imprisonment. (Sentence already undergone by the Hon'ble High Court Chandigarh on 17-11-2010 in CRA- 1095-SB of 2002 & 2218-SB- of 2005)
7. That, the details of pending cases of the above said convict are as under :-
(i) FIR No. 153 dated 03/09/1987 U/s under Section 148, 149, 307, 323 IPC & Arms Act. P.S. Kalanwali, District Sirsa (On Bail in this case as per jail record)
(ii) FIR No. 19 dated 02/03/2004 U/s under Section 279, 336, 427 IPC & NDPS Act. P.S. Odhan, District Sirsa. (Case Discharged on 24-04- 2006)
(iii) Complain Case No. 9/2008 U/s PGCP Act P.S. Not Available, District Firojpur (Punjab) (On Bail in this Case)."
3. Apart therefrom, it has been claimed by the State that the petitioner availed 04 weeks' parole from 6th of November, 2019 till 5th of December, 2019, but absconded for 01 year, 06 months and 11 days and was arrested by the police on 16.06.2021. Petitioner claims to have represented to the authorities for his temporary release which stands declined by the authorities vide order dated 30th of June, 2023 which has been placed on record as Annexure P-5. A perusal thereof would reveal that temporary release to the petitioner has been declined on the ground that the petitioner falls within
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