In CRWP No. 1810 of 2022-PUNJ HC- P&H HC extends parole of accused who fractured leg in accident to get physiotherapy and other medical treatment outside jail Justices G. S. Sandhawalia and Vikas Suri[04-04-2022]

Read Order: Jagtar Singh @ Jaggi v. The State of Punjab and Other

LE Correspondent

Chandigarh, April 5, 2022: On the ground of unavailability of suitable medical treatment inside the jail complex, the Division Bench of Justices G. S. Sandhawalia and Vikas Suri of the Punjab and Haryana High Court has extended by one day, the parole granted to an accused who sustained injuries owing to an accident to get physiotherapy and other specialist treatment outside the jail premise. 

The Bench held, “In view of this fact and that in order to recover and regain his health, the requirement of the petitioner would be for medical treatment outside the jail as for such kind of medical issues, physiotherapy and other specialist treatment, which may not be available in the Jail.”

The court was dealing with a petition filed under Article 226 of the Indian Constitution for seeking an extension of parole already granted to the petitioner on medical ground for 8 weeks. 

The said extension was sought on account of the fact that the petitioner met with an accident and his right leg was fractured and an iron rod was inserted in his leg in order to fix the bone due to which the petitioner was unable to walk properly. The medical record of the petitioner was also appended in support of the petition for the extension of parole. 

It is to be noted that the petitioner was granted the interim benefit of not requiring surrender on March 5, 2022, by an order dated March 3, 2022. 

The Court observed that a reply by way of affidavit of Anurag Kumar Azad, PPS, Superintendent, Central Jail, Hoshiarpur was filed on behalf of the respondents. The verification report regarding the said fact was duly confirmed positive by the Chief Officer, Police Station, Model Town, Hoshiarpur. The Court also noted that it was further confirmed that he took the treatment from Dhami Hospital and Trauma Centre, Hoshiarpur and was discharged on February 16, 2022, vide discharge summary and thereafter, he went to his home.

The Court came to the conclusion that in order to recover and regain his health, the requirement of the petitioner would be for medical treatment outside the jail for such kinds of medical issues, physiotherapy and other specialist treatment, which may not be available in the Jail. 

Thus, in these circumstances and in “the interest of justice”, the Court directed the extension of the petitioner’s parole till March 5, 2022 . 

“Petitioner shall surrender before the Superintendent of the concerned Jail at 10.00 a.m. on 05.05.2022”, held the Court.