BALWANT SING Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was sentenced to imprisonment for life by the learned Session Judge, Ferozepur, on 10th September, 1986. He is lodged in the Central Jail, Bhatinda and allegedly having a good conduct. On the ground of infirmity, a Medical Board examined the petitioner in 1985 and declared him infirm being suffering from hypertension with pain chest and ingina pectoris, but he was not given the benefit of this infirmity due to the then instructions No. 12/32/83-H 7/22023 dated Nil (copy Annexure P-1) to the effect that only those persons are to be examined by the Medical Board regarding infirmity who have been convicted and sentenced to imprisonment for life before 18th December, 1978 i. e. the date on which the provisions of Section 433-A of the Code of Criminal Procedure came into force. Later on, the State Government amended these instructions vide Annexure P-2 to the effect that the date of conviction is irrelevant regarding the infirm persons. The only grouse of the petitioner pertains to the referring the petitioner to the Medical Board. The State has failed to file the reply despite grant of number of adjournments.

(2.) I have heard the learned counsel for the parties. The perusal of the Annexure P-3 reveals that the petitioner was examined by the Medical Board on 22nd March, 1985 and he was found to be a case of hypertension with pain chest and ingina pectoris and being about 70 years of age. Under these circumstances, in view of the latter instructions of the State Government, it is a fit case where a direction should be issued that he be got examined from a Medical Board and his case for release be considered by the State Government on the ground of infirmity within a reasonable period i. e. not more than three months from today. With these observations this writ petition stands disposed of accordingly. Petition disposed of.