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2018 DIGILAW 3 (PNJ)

Rajiv @ Raja v. State of Punjab

2018-01-03

KULDIP SINGH

body2018
JUDGMENT Mr. Kuldip Singh, J.:- Heard. 2. The State has filed the report. The same is taken on record.Pending the disposal of the main petition for releasing the petitioner-convicton regular parole, the present application has been filed under Section 482Cr.P.C. for releasing the petitioner on emergency parole for 14 days as hismother has expired on 31.12.2017. Her dead body is stated to be lying inmortuary. The petitioner is the elder son and he has to perform last rites andceremonies. The report of the State was called for. 3. The State in its report has disclosed that Tripta Devi, mother ofthe petitioner, who was in custody in case FIR No.133, dated 12.05.2006,under Sections 302, 364, 380, 381, 404 read with Section 34 IPC, registeredat Police Station Division No.5, Ludhiana and was undergoing lifeimprisonment in Central Jail, Kapurthala, expired during treatment in Govt.Medical College, Amritsar. Her dead body is lying in the Civil Hospital,Ludhiana. 4. The State has opposed the prayer of the petitioner for releasinghim on emergency parole. The State has also enclosed the list of 19 cases,which are registered against the petitioner pertaining to attempt to murder,murder, dacoity, robbery etc. It is further disclosed that in one of the case,the petitioner had escaped from the police custody. 5. Considering that a large number of cases are pending againstthe petitioner and the fact that he had earlier escaped from police custody inone case as well as the fact that he has to perform last rites and ceremoniesof her deceased mother, the present application is allowed only to the extentthat the State is directed to take the petitioner to his native place in tightpolice custody, where the last rites and ceremonies of her deceased motherTripta Devi are to be performed, to enable him to perform the last rites andceremonies of her mother. Thereafter, he will be brought back to the jail. 6. The petitioner is to inform the jail authorities as and when thecremation of her mother is to take place well in time. 7. Disposed of. 8. The copy of this order be given to the learned counsel for theparties under signature of the Bench Secretary.