BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed praying for directions to the respondents to release the petitioner on parole.

(2.) The petitioner is undergoing 12 years imprisonment in case FIR No.337 dtd. 9/6/2006 under Sec. 15 of the NDPS Act, 1985, Police Station Patran, District Patiala consequent upon his conviction in the said case vide judgment dtd. 17/12/2008. CRA-D-155-DB of 2009 filed by him against the said judgment was dismissed vide judgment and order dtd. 24/1/2014.

(3.) It is stated that the petitioner is a cancer patient. The petitioner was released on parole for a period of 6 weeks from 18/8/2017 to 30/9/2017. Thereafter, vide order dtd. 7/11/2017 in CRWP No.1105 of 2017 keeping in view his health his parole was extended till 31/12/2017. But the condition of the petitioner has worsened. He was admitted in Amar Hospital, Patiala on 12/12/2017 where his whole body PET-CT study was done and thereafter on 15/12/2017 he was advised surgical evaluation after 3 months. He was further advised repeat evaluation after 3 months to assess his feasibility for surgery. The petitioner sought further extension of parole by filling CWP No.5375 of 2018. His parole was extended first till 12/3/2018 and then till 7/5/2018. Thereafter due to non appearance of the counsel for the petitioner, the case was adjourned on more than one occasion. As the petitioner had failed to surrender before the jail authorities on the expiry of his parole i.e on 7/5/2018 without any order of extension of parole, vide order dtd. 11/12/2018 he was directed to surrender before the concerned Jail Authorities. The petition was disposed of as infructuous. The petitioner surrendered himself on 12/12/2018 before the Superintendent, Central Jail, Patiala.