Punjab & Haryana High Court Denies Parole Extension To Prisoner Who Miscommunicated Eye Operation As Brain Tumor Surgery

The Punjab and Haryana High Court recently dismissed a writ petition filed by a prisoner seeking extension of his parole to undergo surgery of brain tumor on the ground that the status report by the Investigating Agency clearly reflected that the petitioner was to undergo an eye surgery and not surgery of brain tumor.

"Apparently, the report furnished by the Investigating Agency reflects on the failing health condition of the petitioner, however, the same cannot itself be a ground to justify a mis-statement to be made by the petitioner and securing a concession on the strength thereof," Justice Vinod S. Bhardwaj observed.

The Bench also noted that even the eye surgery could not be performed due to lack of funds and the Petitioner, despite knowing fully well about his ability to arrange for the resources pertaining to operation, had sought parole.

A perusal of the aforesaid shows that the petitioner made a representation before the Court affirmatively about the surgery being scheduled to be held on 25.06.2022 for a Brain Tumor. Whereas the report clearly states that the petitioner was to undergo a surgery for a problem in the eyes and that even the said surgery could not be performed on account of shortage of funds.

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