Mohd. Annas v. The State

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3278/2019 MOHD. ANNAS ..... Petitioner Through:

Mr. Sundeep Sehgal, Advocate

Versus

THE STATE ..... Respondent Through:

Mr. Sanjay Lao, Additional Public Prosecutor for State & Mr. Karan Jeet Sharma, Advocate with SI Vineet Kumar

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 27.11.2019 Petitioner is convicted for life in FIR No. 70/1999, under Sections 302/392/394/397/34 IPC, registered at police station Timarpur, Delhi and vide this petition, he is seeking parole for a period of six weeks to attend to his wife who is suffering from Grade III fatty lever and cholelithiasis and is advised surgical procedure, which is scheduled on 28th November, 2019 and to take care of his son who is suffering from complex cyanotic congenital heart disease.

Learned Additional Public Prosecutor for State has placed on record status report dated 26th November, 2019 verifying the factum of surgery of petitioner's wife. He, however, submits that petitioner should give an undertaking that if his wife's surgery does not take place on the W.P.(CRL) 3278/2019 1

scheduled date i.e. 28th November, 2019, he shall forthwith surrender before the authorities.

Keeping in view the facts and circumstances of the case and medical condition of wife of the petitioner, he (petitioner) is directed to be released on parole for a period of four weeks from the date of his release on his executing personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent, subject to following conditions:

(i) The petitioner will not leave National Capital Territory of Delhi without prior permission of the Court;

(ii) He will furnish to the Investigating Officer his mobile number and residential address where he will stay during the period of parole; (iii) He will report to the concerned Station House Officer (SHO) /Investigating Officer (IO), on every Monday; (iv) In case of any change in his residential address or the mobile number, he will inform the SHO/IO.

In case petitioner's wife's surgery does not take place on the scheduled date i.e. 28th November, 2019, he is directed to surrender within a week.

With aforesaid rider, the petitions stands disposed of. Dasti.

BRIJESH SETHI, J NOVEMBER 27, 2019 r W.P.(CRL) 3278/2019 2