ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ANIL Kumar was tried for an offence of murder by Sessions Judge, Gurdaspur and after conviction he was confined to Central Jail, Gurdaspur. He filed a criminal writ petition No. 604 of 1987 for grant of emergency parole to attend his ailing sister who was admitted to Civil Hospital, Pathankot on 16-5-1987. His prayer was allowed and he was granted emergency parole from 23.4.1987 to 8.5.1987. Thereafter he made a request to the District Magistrate Gurdaspur for extension of his emergency parole. His application was not decided by the District Magistrate and he had to file criminal writ petition No. 529 of 1987. On 18.5.1987 an order was passed in that writ petition vide which the writ was dismissed as withdrawn on the request of counsel for the petitioner but in the larger interest of justice parole period was extended till 10.5.1987 and the petitioner was directed to surrender before the jail authorities on 21.5.1987. The petitioner did not surrender on the date fixed and filed another writ petition for extension of parole till 5.6.1987. This writ petition was dismissed vide order dated 21.5.1987 but as that was the last date for the petitioner to surrender, a direction was given that he should surrender before the jail authorities on 25.5.1987. The prtitioner did not appear before the jail authorities on the date fixed and rather surrendered himself on the next date i.e. 26.5.1987. He has now filed the present petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India for grant of extension of parole for one day.

(2.) THE petitioner alleged that order dated 21.5.1987 was communicated to him by his counsel but he misunderstood the same and thought that his parole had been extended upto 25.5.1987 and he was to surrender on the next day. Surrender on the next day was not wilful or with any ulter or motive, but the jail authorities considered it as a very serious jail offence and his premature release case was likely to suffer on account of this lapse.

(3.) I have heard the learned counsel of the parties.