SATNAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to release the petitioner on parole for a period of at least three months to take care of his pregnant wife, whose pregnancy is at high risk as per opinion given by the doctor and his first child, who is also not having good health as no other family member is there to look after them.

(2.) The petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs. 1 lac with default clause for offence punishable under Section 18 (b) of the NDPS Act in case FIR No. 107 dated 3.11.2015 registered at Police Station Sadar Sunam, District Sangrur by the trial Court. Aggrieved by judgment of conviction and order of sentence, he filed criminal appeal before this Court, which is still pending adjudication after admission.

(3.) Learned counsel for the petitioner contends that the petitioner is inside the jail since lodging of the FIR i.e. 3.11.2015 and had undergone custody of more than two years and four months. He moved an application for grant of parole on the ground that his wife is pregnant and her pregnancy is at high risk and her expected date of delivery given by the doctor is 11.6.2018. There is no other person in the family to take care of his wife. Learned counsel also contends that even the first baby of the petitioner was born through C-Section (operation) and at that time also, his wife faced many difficulties and complications not only during period of pregnancy but at the time of birth of the child also, who is still not having good health. Learned counsel further contends that no action was taken on the application, which was sent through registered post on 9.4.2018 and the same is still pending.