Sham Sunder vs State of Punjab and ors.

S.S. Grewal, J.

This petition under Articles 226/227 of the Constitution of India relates to grant of emergency parole to the petitioner in order to enable him to take his ailing sister Savitri Devi, who is mentally ill, for treatment to Mental. Hospital, Amritsar.

It was pleaded that there is no other male member in the family to take Savitri Devi for treatment to Mental Hospital, Amritsar. It was also pleaded that the Deputy Commissioner, Ferozepore has granted parole to Smt. Durga Devi, mother of the petitioner, on 22nd May, 1989, but the said order was not complied with by the Superintendent, Central Jail, Ferozepore.

The State in the instant case has not filed any reply in order to rebut the aforesaid allegations of the petitioners.

The latest medical certificate from Cantonment General Hospital, Ferozepur Cantt., shows that Savitri Devi often suffers from acute attacks of schizophrenia, and was referred to Mental Hospital, Amritsar. It is quite patent that the sister of the petitioner is suffering from serious ailment, and it is quite desireable to take her to Mental Hospital, Amritsar, for further treatment. This would constitute sufficient cause for grant of emergency parole to the petitioner, as contemplated under Section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

For the foregoing reasons, the petitioner is directed to be released on parole for a period of two weeks, subject to his furnishing adequate security bonds to the satisfaction of Chief Judicial Magistrate, Ferozepur.

After the parole period is over, the petitioner shall surrender to the Jail Authorities, concerned.