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High Court of DelhiW.P.(CRL)/264/2016

Vidya Dhar v. State Of ( NCT) Delhi

2016-03-08Hon'Ble Mr. Justice S.P.Garg2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 264/2016 VIDYA DHAR ..... Petitioner Through:

Mr.D.P.Singh, Ms.Sonam Gupta and Mr.Devansh Arya, Advocates.

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

Mr.Avninder Singh, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 08.04.2016 Crl.M.A. No.6154/2016 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

Crl.M.A. No.6153/2016 1.

This is an application moved on behalf of the petitioner with the following two prayers:- (i) to exempt the petitioner from submitting the proof of filing of the SLP before CBI, Rohini, Delhi.

(ii) to direct the jail authorities to give adequate attention to his medical need and provide assistance of a caretaker to the petitioner since if left alone, the petitioner can be gravely injured. 2.

Notice. Learned ASC for the State accepts notice. 3.

So far as prayer No.1 made in the application i.e. to exempt the

petitioner from submitting the proof of filing the SLP alongwith the name of the counsel to CBI, Rohini, Delhi as directed vide order dated 08.03.2016 is concerned, learned counsel for the petitioner submits that at the time of filing the writ petition, the SLP had already been filed before the Supreme Court and he sought his release to pursue the said SLP. Learned counsel for the petitioner further submits that in the given circumstances, the petitioner may be exempted from submitting the proof of filing the SLP to CBI, Rohini.

4.

In view of the submissions made by learned counsel for the petitioner, prayer No.1 made in the application is allowed. 5.

The second prayer made in the application is to direct the jail authorities to give adequate attention to his medical need and provide assistance of a caretaker to the petitioner since if left alone, the petitioner can be gravely injured. Learned counsel for the petitioner submits that the petitioner has been granted parole vide order dated 08.03.2016 and the period of parole is going to expire on 13th April, 2016. Since the medical condition of the petitioner is not good, the jail authorities may be directed to give adequate attention to his medical need and provide assistance of a caretaker to him.

6.

Let report be called from the concerned Jail Superintendent about the medical condition of the petitioner after he surrenders on expiry of period of parole.

7.

Re-notify for 19th April, 2016.

PRATIBHA RANI, J.

APRIL 08, 2016 'st'