IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

279

CRWP-9094-2022

Decided on : 27.09.2022

Suresh Kumar

. . . Petitioner(s)

Versus

State of Haryana and others

. . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. Lalit Kumar Narang, Advocate

for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana.

****

SANJAY VASHISTH

, J. (Oral)

On 21.09.2022, following order was passed:-

“By way of present petition, petitioner is seeking

extension of parole already granted to him by respondent No. 3

– Divisional Commissioner, Hisar, vide order dated 04.08.2022

(Annexure P-1).

Learned counsel for the petitioner submits that period of

parole already granted to the petitioner would expire on

22.09.2022, when the petitioner is required to surrender before

jail authorities. Learned counsel refers to the medical record

(Annexure P-2) of the petitioner for showing that he is presently

suffering from disease of ‘Tuberculosis’ (TB) and requires some

more time for improving his health.

Notice of motion.

On asking of Court, Mr. Vikas Bhardwaj, Assistant

Advocate General, Haryana, who is present in the Court,

accepts notice on behalf of the respondents. Complete copy of

the paper book has already been supplied to him.

Adjourned to 22.09.2022.

To be shown highup in the Urgent List.

JAWALA RAM

2022.09.29 12:01

I attest to the accuracy and

authenticity of this order/judgment.

CRWP-9094-2022

- 2 -

Learned State counsel would make efforts to verify the

medical record annexed with the present petition, i.e. Annexure

P-2, pertaining to the ailment of the petitioner.”

Again on 22.09.2022, following order was passed:-

“Learned State counsel seeks short accommodation to do

the needful.

Adjourned to 27.09.2022.

In the meantime, parole already granted to the petitioner,

vide order dated 04.08.2022 (Annexure P-1), passed by

respondent No.3 – Division Commissioner, Hisar, is extended

till the next date of hearing.”

Today, learned State counsel has filed the reply dated

26.09.2021, in Court today, which is taken on record, subject to all just

exceptions. A copy thereof has already been supplied to the learned counsel

for the petitioner.

Learned counsel for the petitioner refers to the medical status

report dated 22.09.2022, recorded by Medical Officer of Central Jail-I, Hisar,

which says as under:-

“Suresh Kumar s/o Shobha Ram came in Central Jail-I

Hisar on 16.09.2019 as per records. On his OPD visits, he is

treated as per his complaints, records are attached. Patient is

suffering with diabetes prior to enter in jail and is on orally

medicines. Patient was sent to medical guard at Civil Hospital

Hisar many times. On 27.07.2022, patient has diagnosed with

tuberculosis. All the medicines which are advised by concerned

doctor and DTC Centre Hisar are provided and extra nutrition

diet also. As per jail record, now patient is on parole leave.”

Learned counsel for the petitioner further submits that petitioner,

who is aged about 52/53 years, is a law abiding person and has never

JAWALA RAM

2022.09.29 12:01

I attest to the accuracy and

authenticity of this order/judgment.

CRWP-9094-2022

- 3 -

misused the concession of his release from the jail during the course of trial

or even after dismissal of his appeal by the Hon’ble High Court.

While submitting so, learned counsel for the petitioner refers to

the reply filed by the State, wherein, it is mentioned that in case FIR No. 307,

dated 26.09.2021, under Sections 302 of IPC & 25 of the Arms Act,

registered at P.S. Sadar Karnal, learned Court of Addl. Sessions Judge,

Karnal, convicted the petitioner on 16.11.2002. He further submits that

thereafter, during the pendency of the appeal before the High Court,

petitioner was released on bail on 04.04.2007. From the reply itself, learned

counsel for the petitioner further points out that after dismissal of the appeal

(i.e. CRA-D-32-DB of 2003) vide order dated 23