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High Court of Punjab and Haryana · body

2025 DAILYLAW 51964 (PNJ)

BALDEV SINGH v. STATE OF HARYANA AND ANOTHER

CRWP/4399/2025 · 2025-05-06

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 271 CRWP-4399-2025 (O&M) Date of decision: 06.05.2025 Baldev Singh .....Petitioner Versus State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Kushager Goyal, Advocate for the petitioner. Mr. Yuvraj Shandilya, AAG, Haryana. **** MANJARI NEHRU KAUL , J. (ORAL) 1. The instant petition has been filed under Article 226 of the Constitution of India read with Section 5(1) read with Sections 11 and 12 of the Haryana Good Conduct Prisoner (Temporary Release) Act, 2022, for release of the petitioner on emergency parole for a period of four weeks for the check up/follow up of his right hip, from Ganga Ram Hospital at New Delhi, in FIR No.234 dated 17.09.1990 under Section 15 of the NDPS Act, 1985, registered at Police Station Sadar Dabwali, District Sirsa. 2. Reply by way of affidavit of Jaswant Singh, Superintendent of Prison, District Prison, Sirsa, has been filed in the Court today which is taken on record subject to all just exceptions. A copy of the same has been supplied to the counsel opposite. 3. Learned State counsel, while drawing the attention of this Court to the affidavit which has been filed in the Court today, has not been able to dispute that after the petitioner underwent total hip replacement surgery, he was still facing persistent pain on his right hip VINAY 2025.05.06 16:26 I attest to the accuracy and authenticity of this order/judgment CRWP-4399-2025 (O&M) and lower back as a result of which he was facing difficulty in even changing sides on the bed and along with numbness of his right ankle and right foot. While further drawing the attention of this Court, learned State counsel has also not disputed that as per the medical report of the Jail Medical Officer, which is annexed as Annexure R-4, the petitioner requires further evaluation and treatment at some multi- specialty hospital at PGIMER, Chandigarh etc. However, learned State counsel at the same time has submitted that the petitioner is a man of previous criminal antecedents; he had misused the benefit of parole by absconding for more than one year and six months on an earlier occasion. 4. In the circumstances, this Court deems it fit to extend the benefit of parole to the petitioner only till 15.06.2025. Accordingly, the petitioner is ordered to be released on parole till 15.06.2025, subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, concerned, as per law. 5. It is made clear that in case it is found that the petitioner has misused the benefit of parole extended to him, the State would be at liberty to move this Court for recall of the order. 6. The instant petition stands disposed of accordingly. 7. Pending applications, if any, stand disposed of. 06.05.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.05.06 16:26 I attest to the accuracy and authenticity of this order/judgment