IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.07.2025 Vijay Pal … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE SANJAY VASHISTH Present: None for the petitioner.

Mr. Pawan Kumar Jhanda, DAG, Haryana.

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SANJAY VASHISTH, J. (ORAL)

1. In the instant petition filed for grant of parole, on 03.05.2025, the following order was passed:

“1. In the present case, on 02.05.2025, following order was passed:-

1. Present criminal writ petition has been filed under Article 226 227 of the Constitution of India read with Sections 3 and 4 of The Haryana Good Conduct Prisoners (Temporary Release Act). 2022, for issuance of a writ in the nature of mandamus to respondent No. 3 and 4 to grant ememergency parole for a period of eight weeks.

2 . Learned counsel for the petitioner submits that the petitioner is a life convict under Section 302 of the Indian Penal Code and has already undergone incarceration for a total period of eight years and six months. It is further contended that the petitioner seeks release on emergency parole for a period of at least eight weeks on humanitarian grounds, as his wife is presently in a Coma state.

Counsel also submits that the petitioner had previously been granted parole, during which he abided by all conditions and surrendered within the stipulated time, without any misuse of the liberty granted to him.

In support of the medical condition of the petitioner's wife, namely Mrs. Anil Kumari, the petitioner has annexed a medical certificate issued by Dr. Navtej of Dr. Vaishnavi Multi- Speciality Hospital, Dev Nagar, Jhajjar Road, Bahadurgarh. As per the certificate, the patient, Anil Kumari, was admitted to the hospital with complaints of unconsciousness, fever, hypertension, nausea, cough with sputum, breathlessness, and abdominal pain persisting for the last 10-15 days.

3. Notice of motion.

4. Mr. Kanwar Sanjiv Kumar, AAG. Haryana, appears on behalf of respondent/State and seeks time to file reply.

5. Let the medical condition of the petitioner's wife be verified and report be submitted before this Court on the date fixed.

6. List on 03.05.2025 in urgent list."

2. Today, in compliance to the order dated 02.05.2025, learned State counsel has filed the short reply dated 02.05.2025, by way of affidavit of Amit, Deputy Superintendent, District Jail Jhajjar, on behalf of respondents No.1 to 4 State, in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

3. Para No.5 of the short reply, says as under:-

“5 This office got verified the facts regarding serious illness of the petitioner's wife namely Mrs. Anil Kumari through the S.H.O. Police Station Aasouda, Jhajjar vide PTM/E-mail No 1108-09 dated 02-05-2025. The S.H.O. Police Station, City Bahadurgarh instead of P.S. Aasouda has submitted his report stated that the verification Mrs. Anil Kumari W/o Vijay Pal S/o Roop Ram, Resident of Village Jakhoda, Now House No 1336 Sector 7. Bahadurgarh was done by the neighbours. She is stated to be ill. She has two sons Mohit & Paras who live out side their house along with their children Who comes at home sometime and treatment of Mrs. Anil Kumari is ongoing. Mostly patient's/her daughter namely Amits looks after her mother. Amita is married. The S.H.O. City Bahadurgarh has also submitted the Doctor's report. Dr. Bhupender Kumar Sharma, Medical Director, Vaishnavi Multi Speciality Hospital, Bahadurgarh stated that patient Anil Kumari W/o Vijay Pal, Aged 52 Years old, was treated in my hospital, and at present her treatment is ongoing at home. According to patient's/her report, her mental and physical health condition is not good. The patient has a feeding tube inserted for taking food & also inserted a tube for urine. Considering the patient's/her condition it can not say how long she will survive. Her family members need to providing continue ca