Naushad v. State ( Gnct Of Delhi)
$6,10&14 *
IN THE HIGH COURT OF DELHI AT NEW DELFi~-
+ W.P.(CRL) 2854/20 15 NAUSHAD Petitioner Through: Mr.Ashutosh Kaushik & Ms.Manika Tripathy, Advocates versus STATE Respondent Through: Mr.R.S.Kundu, A.S.C. for the State with Mr.Vishesh Wadhwa, Advocate AND + W.P.(CRL) 399/2016 NAUSHAD Petitioner Through: Mr.Ashutosh Kaushik & Ms.Manika Tripathy, Advocates versus STATE (GNCT OF DELHI) Respondent Through: Ms.Kamna Vohra, A.S.C. for the State AND + W.P.(CRL) 670/2016 SHAMIM Petitioner Through: Mr.Biswajit Kumar Patra, Advocate versus STATE Respondent Through: Ms.Nandita Rao, A.S.C. for the State
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RAN!
ORDER
% 11.03.2016 By:AMULYA
CRL.M.A. 17964/2015 in W.P.(CRL) 2854/2015 Exemption allowed, subject to all just exceptions. Application stands disposed of.
W.P.(CRL) No. 399/2016 By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., petitioner is seeking parole. Status report on behalf of the State has been filed. Regarding medical status of the petitioner, Naushad s/o Rafique in W.P.(Crl.)399/2016, report has been sent by Medical Officer In-charge which is to the following effect:- S "The patient is follow-up case of caecal and ascending colon perforation peritonitis followed by exploratory laparotomy with iliostomy with mucus fistula and restoration of gut continuity with regular treatment from Lok Nayak Hospital and jail visiting Medicine-SR as well as doctor of CJ8/9 Dispensary. On dated 18.09.2015, patient visited to Lok Nayak Hospital in surgery department for restoration of gut continuity the same was done.
On dated 22.09.2015 patient was reviewed in Lok Nayak Hospital for complaint of prulent discharge from wound where needful treatment was given.
The patient is on regular follow up from Lok Nayak Hospital on 20.10.2015, 06.11.2015, 20.11.2015, 24.11.2015, 01.12.2015, 05.01.2016, 12.01.2016, 19.01.2016, 02.02.2016 for the above said complaint where the doctor on duty examined the patient and necessary treatment was advised.
The patient was last reviewed at Lok Nayak Hospital on 08.03.2016 with the complaint of pain abdomen with pus discharged from midline (? Stitch granuloma) for which necessary medication was prescribed and advised for pus culture and to review with after report.
At present patient-inmate requires regular medical intervention and follows up."
Considering the facts and circumstances of the case and ined.ical condition of the petitioner, which fact has been duly verified by the State, the prayer for grant of parole is allowed to the extent that the Petitioner is granted parole for a period of four weeks from the date of his release, on his furnishing personal bond in the sum of10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent. 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. Writ Petition stands allowed in the above terms. The Petitioner be informed through the Jail Superintendent about the order passed.
Order dasti.
W.P.(CRL) Nos.2854/20 15 & 670/2016 In view of the serious medical condition of the petitioner, Naushad S/o Rafique in W.P.(Crl.)399/2016, it is submitted by the learned counsel for the co-convicts/petitioners that presently the prayer for the petitioner, Naushad S/o Rafique in W.P.(Crl.) 399/2016 may be considered and after his surrender their prayer may be considered. In view of the above, list these writ petitions on 6th April, 2016. S ~ TIBHA MARCH 11, 2016 'pg'
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