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2017 DIGILAW 1816 (PNJ)

Yogender alias Bhindi v. State of Haryana

2017-08-11

AVNEESH JHINGAN, S.S.SARON

body2017
JUDGMENT Mr. S.S. Saron, J.:- Learned State Counsel has filed short reply by way of an affidavit of Sh. Anil Kumar, Superintendent, District Jail, Faridabad along with medical report (Annexure R2). 2. Heard learned counsel for the parties. 3. The petitioner is undergoing life imprisonment after his conviction by the learned Additional Sessions Judge (I), Palwal on 18.03.2015 in a complaint case. He was temporarily released on parole on 20.06.2017 with the direction to surrender back by 02.08.2017. During this time his minor daughter namely Mahi aged four years suffered burn injuries. She fell in the hot water and was taken to Shri Sai Hospital at Palwal. In view of her condition, the petitioner filed the present petition for seeking extension of parole that was to expire on 02.08.2017. 4. Notice of motion was issued to A.G., Haryana. The petitioner, however, was directed to surrender in jail on the due date i.e. 02.08.2017 and in case there was any urgency, his case for extension of parole it was observed would be considered. 5. In terms of the reply that has been filed it is stated in the medical report (Annexure R-2) that the patient Mahi aged four years daughter of Yogender Partap (petitioner) was admitted in Shri Sai Hospital on 28.07.2017 at 7.30 a.m. as a case of burn injury at home which she suffered by hot water. On examination, 20-25% body surface over thermal burn injury was present on the lower back, buttock, perineum and both thighs. She was discharged on 04.08.2017 under satisfactory condition with the advice to come for cleaning and dressing of the wound daily. The petitioner has shown photographs with the burn injuries that were sustained by the girl aged four years. 6. After giving our thoughtful consideration to the matter, we feel it would be just and expedient in the peculiar facts and circumstances to grant two weeks parole to the petitioner as he has to look after his minor daughter who is of tender age and has suffered burn injuries. 7. In the circumstances, the criminal writ petition is disposed of. The petitioner on his furnishing personal bond and adequate surety to the satisfaction of the learned District Magistrate, Palwal shall be released on parole for a period of two weeks to be counted from the date of his release.