Pradeep Khatri v. State Of NCT Delhi & ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 394/2016 PRADEEP KHATRI ..... Petitioner Through:

Mr.Shiv Chopra, Advocate versus STATE OF NCT DELHI & ANR ..... Respondents Through:

Mr.Ashish Aggarwal, A.S.C. for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 08.02.2016 CRL.M.A.2129/2016 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 394/2016 1.

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 extension of parole on the ground that his surgery is to be performed on 22nd February, 2016 for which he has to be admitted on 21st February, 2016. 2.

Mr.Ashish Aggarwal, A.S.C. for the State has opposed the prayer seeking extension of parole as earlier also repeatedly the petitioner has been seeking extension for above reason but the surgery has not been performed till date.

3.

Perusal of the record reveals that vide order dated 11th January, 2016, W.P.(CRL) 394/2016

the parole of the petitioner was further extended for a period of four weeks with direction to surrender before the Jail Superintendent after expiry of the period.

4.

Thereafter, again surgery was not conducted hence petitioner is directed to surrender on expiry of the period of parole already granted. 5.

However, since the surgery is already scheduled for 22nd February, 2016 for which he has to be admitted on 21st February, 2016 he is granted parole for four weeks with effect from 19th February, 2016 on the same terms and conditions with the direction that in case the surgery is further deferred for some reason, he will immediately surrender after his discharge from hospital and to reapply for the parole, if the necessity arises. 6.

The writ petition stands disposed of.

7.

A copy of this order be sent to Jail Superintendent for information. PRATIBHA RANI, J.

FEBRUARY 08, 2016 'pg'

W.P.(CRL) 394/2016