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1993 DIGILAW 328 (RAJ)

Mahender Singh s/o Sunder Singh v. State of Rajasthan

1993-05-25

M.CHANDRA, R.S.VERMA

body1993
JUDGMENT 1. - An application has been moved under section 482, Criminal Procedure Code with the prayer that sentence awarded to the convict-petitioner Mohinder Singh be suspended or parole may be granted to him to enable him to give his kidney to his ailing son Amarjit Singh. 2. Learned counsel for the convict - petitioners submits that the test performed discloses that the convict - petitioner's kidney would suit his son Amarjit Singh. He prays, in the alternative, that if the sentence of the convict - petitioner is not suspended, he may be transferred from Central Jail, Bikaner to Central Jail, Jaipur, wherefrom he may be taken to the hospital for giving his kidney to his son Amarjit Singh. 3. The learned P.P. has no objection if the convict-petitioner Mohinder Singh is transferred from Central Jail, Bikaner to Central Jail, Jaipur for the said purpose, 4. Under the facts and circumstances of the case, the alternative request of the learned counsel for the convict - petitioner deserves to be accepted. 5. The application moved under section 482, Criminal Procedure Code by the convict - petitioner Mohinder Singh is partly allowed. The State of Rajasthan (through Home Commissioner) will transfer the convict - petitioner Mohinder Singh from the Central Jail, Bikaner to the Central Jail, Jaipur and the Superintendent, Central Jail. Jaipur will take necessary action for his escort to Monilek Hospital and Research Centre. Jaipur for donation of his kidney to his son Amarjit Singh on receipt of a written request to this effect from the concerned authority of the said hospital. The convict - petitioner Mohinder Singh will also be allowed to remain in the said hospital for his own treatment/recoupment after the removal of his kidney, and during this period, the convict - petitioner will continue in the custody of the said jail authorities who will take all necessary precautions in the matter as required under law. In this connection the authorities of the said hospital will co-operate with the authorities of the Central Jail. Jaipur. 6. A copy of this order be sent to the Inspector General of Prisons, Rajasthan. Jaipur Superintendent, Central Jail, Bikaner, Superintendent, Central Jail, Jaipur and Superintendent, Monilek Hospital and Research Centre, Jaipur for information and necessary action.Order accordingly. *******