INDERBIR SINGH @ JUGNU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, we are disposing of both the applications bearing No. 3166-67 of 1997 filed by appellant Amrik Singh. In Crl. M. No. 3167 of 1997, the applicant has sought the exemption from filing the certified copies of annexures P-1 to P-4 which are true copies of certain medical certificates. In Crl. M. No. 3166 of 1997 applicant Amrik Singh has prayed that he be admitted to bail during the pendency of appeal or for such time as this High Court may deem fit in the facts and circumstances of the case. The bail has been sought on the ground that the applicant is seriously ill. On this application notice was issued to AG Punjab on 13.2.1997 for 20.2.1997. On 21.2.1997 the learned counsel for the complainant informed us that the applicant in fact was granted parole from time to time and these facts have been suppressed in the application. The case was taken up on 21.2.1997 and we adjourned the case to 6.3.1997 and directed the Superintendent, Central Jail, Jalandhar to depute some official alongwith the medical records of the applicant Amrik Singh and also the copies of the orders by which he was granted parole by various authorities. Superintendent, Central Jail, Jalandhar has submitted the copies of the various orders by which the applicant was granted parole. From the records, we find that the applicant was granted parole initially for the two weeks from 25.5.1996 to 9.6.1996 on the ground of illness of his mother. Thereafter he was granted parole for six weeks from 20.12.1996 to 1.2.1997 by Additional Director General (Prisons) Punjab. This parole was extended for a period of two weeks by the same authority i.e. upto 16.2.1997 and again for two weeks i.e. 19.2.97 to 6.3.1997.

(2.) TODAY during the course of arguments, we were informed that the parole granted to the applicant has been extended by a learned Single Judge of this Court upto 20.3.1997 in Crl. M.No. 5088-M of 1997, on the ground of the illness of his wife. Accordingly, we called for the records of Crl. M. 5088-M of 1997 and we have perused the said file.

(3.) IN the present application, it has been stated that the applicant was allowed to approach the jail authorities for further treatment and medical test at Medical College, Amritsar and pursuant to the order dated 4.12.1996 the applicant approached PGI, Chandigarh for treatment on 7.1.1997 but he was not being given proper treatment. This application is dated 4.2.1997 and from the record, we find that the applicant had been on parole for eight weeks continuously from 20.12.1996 to 16.2.1997. But this fact was not mentioned in the application. Even in Crl. M. No. 5088-M of 1997, which was filed in this Court, the applicant mentioned that he was released on parole for two weeks from 19.2.1997 to 6.3.1997 but there is no mention of parole of eight weeks for the period 20.12.1996 to 16.2.1997. Since in the present application, the applicant has suppressed the material fact that he is on parole, when the application was filed and again he continues to be on parole even today, we are of the opinion that this suppression of material fact is sufficient to decline prayer of the applicant for bail. In view of these facts, the applications are rejected.