A petition in the nature of mandamus has been filed under article 226/227 of the constitution of India in order to direct the respondents to release the petitioner for a period of four weeks under emergency parole. i.e. It is granted by the Superintendent of police for the reasons of death of family members by concerned authority for the reason of marriage etc. This judgment was given in the high court of Punjab and Haryana at Chandigarh on the 9th of July 2021, by Hon’ble Justice Jaswant Singh and Hon’ble Mr. Justice Sant Parkash in the case of Sukhbir Singh v/s. The state of Haryana and others CRWP-6262-2021, Mr. Sandeep Siwach represented the petitioner and Mr. Vivek Saini represented the state of Haryana, the proceedings of the court were held in the virtual platform.
The following are the facts of the case, the petitioner was convicted under section 364-A IPC i.e. Kidnapping for ransom, he shall be punishable with death, or imprisonment for life, and shall also be liable to fine.” section 328 IPC i.e. “Causing hurt by means of poison, etc., with intent to commit an offense shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” section 420 IPC i.e., “Cheating and dishonestly inducing delivery of property.” Section 468 IPC i.e., “Forgery for purpose of cheating.” Section 471 IPC Using as genuine a forged 1[document or electronic record]. Section 473 IPC, “Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.” Section 34 IPC i.e., “Acts done by several persons in furtherance of common intention”. According to FIR No. 645 on 24/08/2015 at the police station in the city of Thanesar and district Kurukshetra. The petitioner has been sentenced to life imprisonment according to the order dated 25/04/2019, now the petitioner filed an appeal against this order for final adjudication.
According to Mr. Sandeep Siwach, (counsel for the petitioner) has submitted before the courts that the petitioner has already undergone more than 5- years of his actual sentence, the reason behind this appeal and the prayer for emergency parole is that the petitioner’s ailing wife is under treatment, he submits before the court that his wife and two minor children are living alone in the village. The physical presence of the petitioner is required in order to get the wife operated on as she requires surgery due to a tumor in the uterus. As no other male member is available for the family. And therefore requests the court to grant him emergency parole for four weeks. The counsel for the state of Haryana, Mr. Vivek Saini accepted the notice and made no objection for the same.
The court held that the petitioner had failed to place medical records of his ailing wife and has failed to move an application before the competent authority regarding the emergency parole. However, the court directed the petitioner to do the same, as the competent authority will make a decision according to the Haryana good conduct prisoners (temporary release), act 1988. The court concluded that “Keeping in view the aforesaid facts and circumstances of the case and without going into the merits of the case, the present criminal writ petition is disposed of with a direction to the petitioner to move an application/representation for grant of emergency parole before the competent authorities, who shall examine and decide the same within one month from the date of receipt of a copy of this order after ascertaining the medical condition of the wife of the petitioner as per the relevant provisions of the Haryana Good Conduct Prisoners (Temporary Release), Act, 1988.”