Abhay Dewan @ Gappy v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2850/2019 ABHAY DEWAN @ GAPPY ..... Petitioner Through Mr Hrishikesh Baruah, Mr Siddhant Kaushik, Mr Mehma Kaur, Advocates.

versus STATE ..... Respondent Through Ms Kamna Vohra, ASC for State.

Mr Madan Mohan, P.S. Maurya, Enclave.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.10.2019 CRL.M.A. 37663/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 2850/2019 3.

The petitioner has filed the present petition, inter alia, praying that directions be given to the respondent to grant parole to the petitioner in terms of the Delhi Prison Rules, 2018 for the period of eight weeks. 4.

The petitioner had sought parole on two grounds. First, that he was suffering from Dengue and required medical treatment; and second, he was desirous of filing a Special Leave Petition against the judgment and order dated 20.09.2019.

5.

A status report has been filed along with the petitioner's medical report. The medical report indicates that the petitioner has recovered from

Dengue and his medical parameters are within normal limits. 6.

Insofar as the filing of Special Leave Petition is concerned, it is seen that petitioner's appeal [Crl. 1268/2018] against the order convicting him was rejected by a judgment dated 20.09.2019. In this view, the petitioner's prayer for consulting an advocate to file a Special Leave Petition is sustainable.

7.

Accordingly, the petitioner is directed to be released on parole for a period of one week from the date of his release, subject to the petitioner furnishing a security in the sum of ₹25,000/- and a surety of the equivalent amount to the satisfaction of the Jail Superintendent. This is also subject to the following conditions:

(i) That the petitioner shall not leave the National Capital Territory of Delhi.

(ii) He shall provide his mobile number to the jail superintendent and ensure that the same remains active throughout the aforesaid parole period.

8.

The petition is disposed of in the aforesaid terms. 9.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J OCTOBER 21, 2019 pkv