JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Parkash, petitioner seeks parole on the ground that his wife is suffering from appendicities and is undergoing treatment at the All India Institute of Medical Sciences (A.I.I.M.S.) New Delhi. Reply to the petition was filed by way of affidavit of the Superintendent, Central Jail, Hissar, wherein it is stated that no request was received from the petitioner side that his wife was admitted in the hospital as it was asserted in the petition that a telegram to that effect was issued. The matter came up for hearing on June 6, 1988 and it was adjourned to enable the authorities to decide the question of granting parole, on the ground of serious illness of the wife of the petitioner. Now it is stated on behalf of the respondent that no decision has so far been taken by the authorities. Section 3(1)(a) of the Punjab Good Conduct Prisoner's (Temporary Release) Act, 1962 provides for grant of release on parole to a prisoner whose family is seriously ill. A photocopy of the Out Patient Card of the A.I.I.M.S., New Delhi, has been produced with the petition advising admission of the Smt. Kamla Devi in the hospital for surgical treatment. In view of the facts stated above Jai Prakash petitioner is allowed four weeks parole on his furnishing bonds to the satisfaction of Chief Judicial Magistrate, Hissar. After expiry of this period, he will surrender to the jail authorities. Petition allowed.