ATMA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India read with Sec. 482 of Cr.P.C. read with Sec. 4 of Haryana Good Conduct Prisoners, (Temporary Release) Act, 1988 for the grant of extension of furlough, which was granted to the petitioner by the competent authority which was only for a period of two weeks. The said furlough was granted on 26/4/2022 and on the very next day i.e. on 27/4/2022, the petitioner met with an accident and suffered fractures.

(2.) Learned counsel for the petitioner has submitted that the petitioner has already undergone 18 years of sentence and his petition for pre mature release is also pending before this Court. He submitted that in view of the aforesaid accident which had occurred, the petitioner needs specialized medical treatment and for that purpose, he needs an extension of four weeks of furlough so that he can get himself treated from the specialty hospital and he has further submitted that the petitioner as of now is bed ridden.

(3.) On the other hand, Ms. Shivani Sharma, learned AAG, Haryana has filed an affidavit of Superintendent of Prison, District Prison, Sirsa, which is taken on record. As per the affidavit, the petitioner was released on furlough on 26/4/2022 and as per the medical report of the doctor, he met with an accident on 27/4/2022 and the petitioner had contusion on right frontal region, fracture right temporal bone with right zygomatic arch due to road traffic accident on 27/4/2022 and he is being managed conservatively and discharged on 1/5/2022. It is further stated in the aforesaid report, which was given by Dr. Vikas Singh, the Jail Medical Officer on the basis of medical report by Dr. Lalit Kumar Bhatia, Delhi Spine and Neuro Hospital, Sirsa that the patient (petitioner) is not seen physically but on the basis of the medical history, he needs treatment and follow-up from specialist in higher medical centre. Paragraph 5 of the affidavit is reproduced as under :-