Sunder v. State

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 96/2019 SUNDER ... Petitioner Represented by:

Mr.Anuj Kapoor, Advocate versus STATE ... Respondent Represented by:

Ms.Kamna Vohra, ASC for the State with SI Naveen Kumar, PS Sunlight Colony

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.01.2019 By this petition the petitioner seks parole on the ground of treatment of the mother as also to re-establish social ties. Petitioner also challenges communication dated 19th November, 2018 whereby his application on the grounds as aforesaid was dismissed.

As per the Status Report handed over which is taken on record the family of the petitioner comprising of his mother, wife and two children were found staying at H.No.46, Village Sarai Kale Khan. The medical documents of the petitioner's mother have been verified. She was admitted in the Holy Family hospital from 15th June, 2018 to 17th June, 2018 as she was suffering from acute Exacerbation of Chronic Obstructive Pulmonary Disease (COPD), Bilateral Renal Calculus, Gall Bladder Sludge/Evolving W.P.(CRL) 96/2019

Calculus, Depressive Symptoms, Gastritis, Ischemic Changes in Brain and Pre-diabetic. Thus the doctor has opined proper medical care and regular follow up. However, the decision for surgery would be taken by the surgeon in consultation with the patient.

As per the Nominal Roll the petitioner was awarded four years imprisonment and fine of `5,000/- and compensation of `50,000/- to be paid to the victim in default whereof to undergo simple imprisonment for six months. As on today, the remaining sentence of the petitioner is 3 month and 20 days if fine is paid.

Considering the condition of the petitioner's mother and that she is suffering from number of ailments which would require immediate medical attention, this Court deems it fit to grant parole to the petitioner. It is therefore, directed that the petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of ₹10,000/- with one surety bond of the like amount, subject to the satisfaction of the Superintendent, Mandoli Jail.

Petition is disposed of.

Order dasti. Copy of the order be also communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

JANUARY 31, 2019 'rk'

W.P.(CRL) 96/2019