Anil Kumar vs State of Punjab and ors.

Harmohinder Kaur Sandhu, J.

Anil Kumar was tried for an offence of murder by Sessions Judge, Gurdaspur and after conviction he was confined to Central Jail, Gurdaspur. He filed a criminal writ petition No. 604 of 1987 for grant of emergency parole to attend his ailing sister who was admitted to Civil Hospital, Pathankot on 1651987. His prayer was allowed and he was granted emergency parole from 23.4.1987 to 8.5.1987. Thereafter he made a request to the District Magistrate Gurdaspur for extension of his emergency parole. His application was not decided by the District Magistrate and he had to file criminal writ petition No. 529 of 1987. On 18.5.1987 an order was passed in that writ petition vide which the writ was dismissed as withdrawn on the request of counsel for the petitioner but in the larger interest of justice parole period was extended till 10.5.1987 and the petitioner was directed to surrender before the jail authorities on 21.5.1987. The petitioner did not surrender on the date fixed and filed another writ petition for extension of parole till 5.6.1987. This writ petition was dismissed vide order dated 21.5.1987 but as that was the last date for the petitioner to surrender, a direction was given that he should surrender before the jail authorities on 25.5.1987. The prtitioner did not appear before the jail authorities on the date fixed and rather surrendered himself on the next date i.e. 26.5.1987. He has now filed the present petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India for grant of extension of parole for one day.

The petitioner alleged that order dated 21.5.1987 was communicated to him by his counsel but he misunderstood the same and thought that his parole had been extended upto 25.5.1987 and he was to surrender on the next day. Surrender on the next day was not wilful or with any ulter or motive, but the jail authorities considered it as a very serious jail offence and his premature release case was likely to suffer on account of this lapse.

In reply to the application the facts mentioned in the petition were admitted but it was denied that there could be any mistake on the part of the petitioner regarding the date of surrender to the jail authorities because the order was specific. It was further pleaded that previously too a criminal Miosc. No. 11550M of 1990 was filed for extension of parole already availed by him but the same was dismissed as withdrawn vide order dated 18121990.

I have heard the learned counsel of the parties.

The very averments made in the petition show that the petitioner was allowed emergency parole from 23.4.1987 to 8.5.1987 but instead of surrendering himself before the jail authorities after the expiry of parole period a writ petition was filed for further extension of the parole. That petition was got dismissed as withdrawn after he was directed to surrender himself before the jail authorities on 21.5.1987. Still another writ petition for extension of parole till 5.6.1987 was filed on the basis of a similar medical certificate which was earlier produced when Criminal writ petition No. 529 was got dismissed as withdrawn. Payer for further extension of parole was declined and clear direction was given to the petitioner to surrender on 25.5.1987. No error could take place regarding the date, when the petitioner was to surrender before the jail authorities, as the order was clear and specific. There is no valid ground for allowing this petition and the same is hereby dismissed.