Rajinder @ Jinder v. State ( NCT Of Delhi)

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 937/2020 RAJINDER alias JINDER ..... Petitioner Through:

Mr Siddharth Yadav, Advocate.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms Richa Kapoor, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.06.2020 [Hearing held through videoconferencing] CRL.M.A. 7824/2020 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P. (CRL.) 937/2020 3.

The petitioner has filed the present petition, inter alia, praying that he be released on parole due to his medical condition. 4.

The nominal roll has been filed which indicates that as on 17.06.2020 the petitioner has served actual custody of 14 years, 2 months and 14 days and during the said period had also earned remission for 7 months and 24 days.

5.

The report from the office of the Senior Medical Officer has also been received which indicates that the petitioner's medical condition is poor. 6.

The petitioner is a known case of diabetes and has been put on insulin treatment with diabetic neuropathy and left leg amputation below knee. In addition, he has undergone a cataract surgery and is wheel chair bound. He

also has a non-healing diabetic ulcer.

7.

Considering the above, this Court considers it apposite to allow the present petition.

8.

The status report has been filed and the petitioner's address has been verified.

9.

Ms Kapoor, learned ASC appearing for the state points out that the petitioner's past conduct has not been exemplary, in fact, he was arrested for an offence which he had committed while on parole granted in the year 2015.

10.

However, it is seen that the petitioner was granted parole thereafter. Considering the petitioner's medical condition, this Court considers it apposite to allow the present petition.

11.

The petitioner shall be released on parole for a period of eight weeks from the date of his release on his furnishing a personal bond in the sum of ₹20,000/- to the satisfaction of the Jail Superintendent. This is subject to following further conditions:

(a) That the petitioner shall not leave the National Capital Territory of Delhi; and (b) That the petitioner shall provide a contact number to the Jail Superintendent and ensure that he is reachable at all times. 12.

The petition is allowed in the aforesaid terms. 13.

A copy of this order be communicated to the concerned jail authorities electronically.

VIBHU BAKHRU, J JUNE 18, 2020 RK