High CourtsSingle Bench(2018) 04 P&H CK 0247

Manoj Kumar vs State Of Haryana and others

Punjab And Haryana At Chandigarh · Decided on 6 April 2018

HON’BLE JUDGES
Rakesh Kumar Jain, J
RESULT
Allowed
CASE NUMBER
CWP No.8355 of 2018

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Judgment

17 paragraphs · 340 words

RAKESH KUMAR JAIN, J. (ORAL)

Learned counsel for the State has filed reply in Court today and a copy of the same is given to counsel for the petitioner.

The petitioner has prayed for extension of furlough period for performing the last rights of his father, who has unfortunately died on 28.3.2018 and also

for getting treatment as he is allegedly suffering from schizophrenia.

The respondents/State has mentioned in the reply that the petitioner has been released for a period of 2 weeks furlough from the jail w.e.f. 28.3.2018

and has to surrender before the Jail authorities on 12.4.2018.

I have heard learned counsel for the parties and perused the record.

The petitioner is a life convict and lodged in District Jail, Kaithal. He is on furlough of two weeks which is going to expire on 12.4.2018. The father

of the petitioner is stated to have died on 28.3.2018 and now the petitioner has prayed for a furlough of another two weeks for performing the last

rights of his father. Insofar as the treatment of the petitioner for schizophrenia is concerned, the respondents/State has placed on record the report of

the Medical Officer, Jail Hospital, Kaithal in which he has observed that the petitioner has been diagnosed with pterygium in left eye. According to

the respondents/State it is a sort of conjunctivitis of eye and has nothing to do with the ailment of schizophrenia.

Be that as it may, since the father of the petitioner has expired and a son has a pious duty to perform his last rights, I am of the considered opinion

that the petitioner deserves for furlough for another two weeks which would start from 12.4.2018. The extended period shall be on the same bail

bonds on which the petitioner has already released. It is made clear that the petitioner shall surrender himself to the jail authorities on the date on

which the period of furlough extended by this Court would come to an end.

In view of the above, the present petition is hereby allowed.