Parole Granted for Post-Surgery Recuperation: Punjab & Haryana High Court Considers Time Served and Good Conduct in S.138 NI Act Case - 2025-01-02

Punjab & Haryana High Court Grants Parole for Post-Surgery Recuperation

Chandigarh, India – A Division Bench of the High Court of Punjab and Haryana has granted parole for a period of six weeks to Shilpa Aggarwal , a petitioner convicted under Section 138 of the Negotiable Instruments Act, 1881. The Court's decision, delivered on or around April 11, 2024, in LPA No. 3338 of 2024, emphasized the need for recuperation following a total hip replacement surgery, coupled with the petitioner's nearly 1.5 years of custody and good conduct.

Case Background

Shilpa Aggarwal , the appellant, sought parole to recover from a total hip replacement surgery performed at the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, on January 4, 2024. Her application for parole was dated January 1, 2024. The appellant has been in custody for approximately one and a half years, serving consecutive sentences arising from offences under Section 138 of the Negotiable Instruments Act.

Arguments Presented

The appellant's counsel contended that the recuperative period was essential for proper recovery post-surgery. It was further submitted that Ms. Aggarwal had already undergone a significant period of custody and had never availed parole or furlough previously. Crucially, there were no allegations of misbehaviour or any jail offences committed by the appellant during her incarceration.

The State of Punjab , represented by the State counsel, initially sought time to verify the claims and the appellant's address. On a subsequent hearing date (January 9, 2024), an affidavit was filed by the Officiating Superintendent, District Jail, Rupnagar. Later, the State counsel, acting on instructions from ASI Labh Singh , confirmed that the appellant's address, as mentioned in the Memo of Parties (C-1342, Nirmal Chhaya Towers, VIP Road, Zirakpur, S.A.S. Nagar, Mohali, Punjab), was verified.

Court's Reasoning and Decision

The High Court took into consideration the "undisputed averments" regarding the appellant's surgery and the necessity for a recuperative period. The Bench noted the significant portion of the sentence already served and the appellant's clean record within the prison.

The judgment stated: > "Taking into consideration the undisputed averments noticed above and also the fact that the total hip replacement surgery of the appellant has been performed at the Post Graduate Institute of Medical Education and Research (PGIMER) Chandigarh on 04.01.2024 and that the issuance of directions to the competent authority to consider the representation submitted by the appellant is likely to render the grievance of the appellant futile, we deem it appropriate to dispose of the present LPA..."

Considering these factors, the Court found it appropriate to grant the relief sought directly.

Final Order

The High Court disposed of the Letters Patent Appeal (LPA) with a direction to Respondent No. 3 (Superintendent, District Jail, Rupnagar) to release Shilpa Aggarwal on parole for six weeks.

The parole period was set to commence from April 6, 2024, to May 17, 2024 .

The release was subject to the following conditions: 1. The petitioner must furnish the requisite bonds to the satisfaction of the Jail Superintendent. 2. The petitioner must surrender before the Jail Superintendent, District Jail, Rupnagar, on May 17, 2024, before 5:00 PM.

This judgment highlights the judiciary's approach in balancing punitive measures with humanitarian considerations, especially concerning medical needs and the good conduct of inmates.