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High Court of DelhiW.P.(CRL)/3502/2019

Sachin Kumar v. State

2020-02-14Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3502/2019 SACHIN KUMAR ..... Petitioner Through Mr. Joginder Tuli, Ms. Joshini Tuli, Shri Kant Sharma, Advs.

versus STATE ..... Respondent Through Ms. Kusum Dhalla, APP for Mr. Avi Singh, ASC with SI Prateek, PS Jaitpur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.02.2020 Crl. M. A. No.42845/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(Crl.) No.3502/2019 & Crl. M. A. No.2472/2020 3.

The petitioner has filed the present petition, inter alia, praying that he be released on parole to re-establish and maintain social and familial ties and to enable the petitioner to engage a lawyer to file a Special Leave Petition before the Supreme Court.

The petitioner has also moved an application (Crl. M. A. No.2472/2020) seeking parole on an emergent basis for his medical treatment, as he states that he suffers from kidney stones. 4.

A medical report has been furnished by the jail authorities, which confirms that the petitioner has been advised surgery for Bilateral Renal

Calculus and the same has also been planned. However, since the petitioner desires to avail of the said remedy from another hospital, this Court considers it apposite to allow the present application. This is also considering that the petitioner has already undergone custody for eight years, three months and twelve days as on 07.02.2020 and during the said period, has earned remission of eleven months and twenty-four days. His conduct in jail is also reported as satisfactory. 5.

Accordingly, the present petition is allowed and the petitioner is directed to be released on parole for a period of four weeks from the date of his release subject to his furnishing a personal bond in the sum of ₹10,000/- with one surety of an equivalent amount to the satisfaction of the concerned Trial Court. The petitioner shall provide his mobile number and ensure that he is reachable at all times. This is also subject to the petitioner's address being verified by the concerned authorities.

6.

The petition is disposed of in the aforesaid terms. The pending application is also disposed of.

7.

Order be given dasti under the signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 14, 2020 dr