Pushpal Chander Bhaskar v. State Of NCT Of Delhi

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PUSHPAL CHANDER BHASKAR ..... Petitioner Through: Mr.Lohitaksha Shukla and Mr.Hemindra Jailiya, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through: Mr.Ashish Aggarwal, Additional Standing Counsel with Mr.Piyush Singhal, Advocate

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.01.2016 1.

This is a petition filed under Article 226 of the Constitution read with Section 482 Cr.P.C. moved on behalf of the Petitioner praying for grant of parole to enable him to get his proper treatment. 2.

Verification report has been filed by the State verifying the address of the petitioner to be correct.

3.

Learned counsel for the Petitioner submits that Petitioner is suffering from lung infection and getting treatment from Sanjay Gandhi Memorial Hospital. He was granted parole during the month of October, 2015. During that period he consulted another doctor, who diagnosed a situation of pulmonary kocs i.e. water in the lungs. A copy of the medical records is annexed herewith as Annexure P-1.

4.

Nominal roll of the Petitioner has also been placed on record, perusal of which shows that the conduct of the petitioner, during the period of incarceration, has been satisfactory.

5.

On behalf of the State, it has been submitted by learned Addl. Standing Counsel that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi.

6.

Considering the facts and circumstances of the case and the fact that the Petitioner is seeking parole for the purpose of getting treatment, the prayer for grant of parole is allowed and the Petitioner is granted parole for a period of four weeks from the date of his release to enable him to get himself treated on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) The Petitioner shall keep the SHO, P.S.Anti Corruption Branch, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(ii) During the period of parole, the Petitioner shall remain in Delhi and he shall not cross the border and try to contact the witnesses in any manner whatsoever.

(iii) While submitting the bail bond, he will furnish to the Jail Superintendent the address of the place where he would reside in Delhi during the period of parole as well as the contact numbers. 7.

It is, however, made clear that on expiry of the parole period, the

Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 8.

Writ Petition stands allowed in the above terms. 9.

The Petitioner be informed through the concerned Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

JANUARY 20, 2016 'aky/da'