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High Court of DelhiW.P.(CRL)/85/2016

Inderjeet @ Inder v. State

2016-01-12Hon'Ble Mr. Justice Siddharth Mridul3 pages

#22 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.01.2016 INDERJEET @ INDER ..... Petitioner Through:

Mr. Anuj Mirdha, Advocate versus STATE ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Criminal) with Mr. Amrit Singh, Mr.

Jamal Akhtar and Mr.

Sanyog Bahadur, Advocates and Inspector Dinesh Kumar, PS- Rohini, Delhi

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL) 1.

The present is a petition under Article 226 of the Constitution of India praying for a direction to the official respondent to release the petitioner on parole on the ground of getting treated for chronic kidney disease from which he is suffering.

2.

Notice.

3.

Mr. Mehra, learned Standing Counsel (Criminal) appearing on behalf of the official respondent accepts notice and fairly does not oppose this petition.

4.

In the present petition, it is observed that the petitioner has already undergone incarceration for a period of eleven and half years out of the total sentence of life imprisonment. The petitioner has been released on parole/furlough from time to time on the ground of his afore-stated medical condition and during his last release on parole, his condition became serious for which he had to be rushed to All India Institute of Medical Sciences. It is further an admitted position that the jail authorities have not requisitioned his services for any labour on account of his being medically unfit. The petitioner has been continuously admitted to the jail hospital for medical treatment.

5.

In view of the foregoing and on humanitarian grounds, it is considered just, necessary and expedient to release the petitioner on parole for a further period of four weeks from the date of his release on the same terms and conditions as imposed by this Court by way of order dated 14.08.2015.

6.

The writ petition is allowed and disposed of accordingly. 7.

A copy of this order be sent to the Superintendent, Central Jail, Tihar for necessary information and compliance.

SIDDHARTH MRIDUL, J JANUARY 12, 2016 dn