SABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India read with Sec. 3(1)(c) of the Haryana Good Conduct Prisoner (Temporary Release) Act, 1988. The relief claimed is for release of the petitioner on parole for a period of 4 weeks on emergency ground for getting the treatment of his wife namely Sanjida done.

(2.) It is not disputed that the petitioner has been convicted for a period of 20 years in FIR No. 317 dtd. 17/5/2018 under Ss. 376-D, 328 and 506 IPC, P.S. Sector 55, Faridabad by the Additional Sessions Judge, Fast Track Court, Faridabad. Criminal appeal preferred by him i.e. CRA-D-726 of 2019 is pending adjudication before this Court. It is also relevant to notice that the petitioner's application for suspension of sentence i.e. Crl. Misc. No. 39655 of 2019 was dismissed on 9/8/2021, which would be clear from the perusal of the file of the said case.

(3.) The prayer now made is on account of his wife being seriously ill and being taken to Civil Hospital, Palwal on 18/11/2021 (Annexure P-1) wherein, surgery has also been advised. It is in such circumstances, the present petition has been filed on account of the fact that he is the sole earning hand of the family and his release is warranted in the peculiar facts and circumstances. State has, as such, relied upon the report of the SHO, P.S. Utawar, Palwal that there are other family members to get the petitioner's wife namely Sanjida treated, while also referring to the fact that his brother and other family members of the convict are available. It has also been stated that Dr. Suresh Kumar, SMO, MS. Surgeon, Government Hospital, Palwal has given in writing that it is a routine regular check up case and there is no need of surgery.