Mohammad Aabid vs The State Of Haryana And Others on 23 November, 2022

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Punjab-Haryana High Court

Mohammad Aabid vs The State Of Haryana And Others on 23 November, 2022

Bench: M.S. Ramachandra Rao

                  101
                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH
                                                                CRM-W-1580-2022 in
                                                                CRWP No.8403 of 2022 (O&M)
                                                                Date of Decision: 23.11.2022

                  MOHAMMAD ABID                                                  .......Petitioner
                                                                        V/s.
                  STATE OF HARYANA AND OTHERS                                     .....Respondents

                  CORAM:           HON'BLE MR. JUSTICE M.S. RAMACHANDRA RAO.
                                   HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

                  Present:         Mr. Davneet Sangwan, Advocate,
                                   for the applicant-petitioner.
                                   Ms. S.S. Pannu, DAG, Haryana.
                           ****    .

                  M.S. RAMACHANDRA RAO, J. (Oral)

CRM-W-1580-2022 This application is filed by the petitioner for pre-poning the date of hearing in the main Criminal Writ Petition, listed for hearing on 16.01.2023, to an early date.

Notice in the application.

Mr. S.S. Pannu, DAG, accepts notice in the application and states that he has no objection if this application is allowed, and date of hearing in the main Criminal Writ Petition is pre-poned to an early date.

Having regard to the aforesaid, the application is allowed and the main Criminal Writ Petition is taken on board today itself.

CRWP No.8403 of 2022

The petitioner herein was convicted by the Additional Sessions Judge, Panchkula in case FIR No.107 dt.05.07.2016 registered under Sections 460 read with Section 120-B, 397, 201, 411, 302 of the IPC at Police Station Kalka, and sentenced to undergo rigorous imprisonment for life along with a fine of 5 Lakhs.

Challenging the said conviction, the petitioner had preferred an appeal bearing No.CRA-D-215-DB-2021 which is pending on the file of this Court.

SURESH KUMAR 2022.11.23 15:13 I attest to the accuracy and integrity of this document CRWP No.8403 of 2022 (O&M) Page 2 of 2

The petitioner in the Criminal Writ Petition is seeking parole for 8 weeks on the ground that he is suffering from 'Inguinal Hernia' and he has been advised surgery for the same.

Notice in the Criminal Writ Petition was issued on 02.09.2022, and the learned State counsel has filed reply on behalf of the respondent- State and the same has already been taken on record on 08.09.2022.

In the said reply, it is stated that the petitioner was diagnosed with 'Inguinal Hernia' on right side in July 2022, that he was sent to the Civil Hospital, Ambala City for surgery on the advise of the Specialist at Civil Hospital, Ambala City, but the petitioner had refused for the said surgery to be performed at said Hospital contending that he would get it done from some other Hospital at Delhi.

Counsel for the petitioner states that the petitioner is now willing to undergo surgery for the Inguinal Hernia at Civil Hospital, Ambala City.

Having regard to the same, this Writ Petition is disposed of directing the respondents to get the petitioner admitted in the Civil Hospital, Ambala City for undergoing the said surgery for the Inguinal Hernia from which he is suffering from, within a period of 4 weeks.

(M.S. RAMACHANDRA RAO) JUDGE (SUKHVINDER KAUR) JUDGE November 23, 2022 Ess Kay Whether speaking / reasoned : Yes /No. Whether Reportable : Yes/No SURESH KUMAR 2022.11.23 15:13 I attest to the accuracy and integrity of this document

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Punjab-Haryana High Court