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High Court of DelhiW.P.(CRL)/68/2019

Kamal Kumar v. State Of NCT Of Delhi

2019-01-15Hon'Ble Ms. Justice Mukta Gupta2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 68/2019 KAMAL KUMAR ..... Petitioner Represented by:

Ms.Neha Kapoor, Advocate versus STATE OF NCT OF DELHI ..... Respondent Represented by:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for the State with SI Prempal, PS Mukherjee Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.01.2019 1.

By this petition, the petitioner has sought extension of parole granted to the petitioner by the Government of NCT of Delhi vide the communication dated 6th November, 2018 on the ground that the knee transplant surgery of the petitioner's mother is to be performed. Initially when this petition came up before this Court on 11th January, 2019 no date of surgery was informed which has since been informed to learned counsel for the State.

2.

A status report and latest nominal roll of the petitioner has been handed over which are taken on record. As per the status report, the medical documents of the petitioner's mother have been verified from Santum Hospital and Smt.Jyoti Rani the mother of the petitioner has been advised W.P.(CRL) 68/2019

both knees' replacement surgery which is planned for 19th January, 2019 and has been advised to be admitted on 18th January, 2019. As per the nominal roll on record, the petitioner's sentence was suspended pending hearing of the appeal and on dismissal of the appeal on 2nd July, 2018, the appellant has surrendered on 27th August, 2018 and was in custody till 1st January, 2019 when he was released on parole on the ground of mother's illness. 3.

Considering that the surgery is to be performed on 19th January, 2019 and the petitioner is required to surrender on 16th January, 2019, this Court deems it fit to grant further extension of parole to the petitioner for a period of four weeks on the same terms and conditions as imposed by the Government of NCT of Delhi vide communication dated 6th November, 2018. It is further clarified that in case the surgery of the petitioner's mother is not performed on 19th January, 2019 the petitioner will surrender to custody on 20th January, 2019.

4.

Petition is disposed of.

5.

Order dasti.

MUKTA GUPTA, J.

JANUARY 15, 2019 mamta W.P.(CRL) 68/2019