STATE OF PUNJAB Vs. SULAKHAN SINGH

JUDGEMENT

(1.) The state of Punjab has come forward and moved this petition under Section 340 read with section 402 of the Code of Criminal Procedure for initiating action against Sulakhan Singh son of Shri Pal Singh, a lifer new in Central Jail, Amritsar.

(2.) It has been alleged that on 15/5/1990 Sulakhan Singh was required to surrender after availing the Parole of two weeks but he moved another petition for extension of Parole on the plea that his wife Sukwinder Kaur was a patient of cancer and was to be operated upon and in support thereof, he also placed on record a certificate issued by a Physician of Amritsar dated 12/5/1990 and when the Jail Authorities made an enquiry they came to know that Smt. Sukhwinder Kaur was never admitted in Civil Hospital, Sur Singh, District Amritsar and the Medical certificate obtained by the respondent from the senior Medical Officer P.H.C. Sur Singh, District Amritsar was a fake one and there was no Dr. C.P. Sharma in the aforesaid hospital.

(3.) A notice was issued to the aforesaid lifer and also to Shri B.S. Bhalaur Advocate, who had been representing him. Sulakhan Singh has filed an affidavit dated 4/2/1993 wherein it has been averred that on account of some exigency he wanted to extend his stay in his village and he approached Shri B.S. Bhalaur, Advocate, for this purpose for seeking legal advice and the aforesaid lawyer assured that he need not worry and that the needful would be got done by Shri Bhalaur himself and that he himself was unable to explain that how the affidavit in question was furnished in this Court, that the poverty of the lifer and his family members forced him to contact the aforesaid lawyer for getting the period of his parole extended.