HEM RAJ Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner Hem Raj son of Vijay Singh resident of village Chunchhakwas, District Jhajjar, now confined in District Jail, Rohtak, has filed the present criminal writ petition under Article 226 of the Constitution of India for issuance of a direction to the respondents for grant of 6 weeks emergency parole to the petitioner so as to attend his wife. His wife is stated to be suffering from coronary artery disease 'Angina on exertion class-III' and 'tripple vessel disease'.

(2.) The petitioner was convicted in FIR No.160 dated 21.12.1985 under Sections 393, 398 and 307 read with Section 34 IPC, Sections 25 and 27 of the Arms Act, 1959 and Section 6 of the Terrorist and Disruptive Activities (Prevention) Act registered at Police Station, Kalanaur. He was sentenced to undergo rigorous imprisonment for 10 years and is, thus, undergoing the sentence in District Jail, Rohtak. His conviction was upheld upto the Supreme Court.

(3.) Learned counsel for the petitioner has further stated that vide order dated 10.9.2015 (Annexure P-4), the petitioner has been denied parole on the ground that he was absented for the aforesaid period. The denial of parole has attracted the principle of double jeopardy as he cannot be punished twice for the same offence. Learned counsel has stated that the wife of petitioner is suffering from serious heart ailment. She got treatment from Sir Ganga Ram Hospital, New Delhi and as per the discharge summary, she was advised Myocardial revascularization. The condition of his wife is not good. She was taken to General Hospital, Jhajjar and the doctors have advised her surgery, otherwise her life would be in danger. He has referred to the treatment being taken from the Department of Cardiology, Sir Ganga Ram Hospital, New Delhi and from General Hospital, Jhajjar.