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High Court of DelhiW.P.(CRL)/1881/2024

Hari Singh v. State (NCT Of Delhi)

2024-07-05Hon'Ble Mr. Justice Manoj Kumar Ohri4 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1881/2024 HARI SINGH .....Petitioner Through: Mr. Siddharth Yadav, Advocate versus STATE (NCT OF DELHI) .....Respondent Through: Mr.Sanjay Lao, Standing Counsel with Ms.P. Aggarwal, Advocate with Insp. Mangesh Tyagi

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.07.2024 1.

The present petition has been filed under Article 226 of the Constitution of India seeking parole for a period of 60 days in FIR No.256/2010 registered under Sections 363/364A/302/201/120B/34 IPC at P.S. Vikas Puri.

2.

The petitioner claims that he was earlier granted furlough from 23.12.2023 to 13.01.2024, whereafter he duly surrendered. The petitioner now seeks parole on the ground that he has been diagnosed with cardiac issues (Hypertension, Coronary Artery Disease, Acute Coronary Syndrome with Triple Vessel Disease, post stenting with severe LV Dysfunction) and has undergone stenting for the second time.

3.

Learned Standing Counsel for the State appears and has referred to the medical report to state that the present medical condition of the petitioner is stable. The petitioner's nominal roll indicates that he has undergone incarceration of nearly 13 years 07 months and 24 days alongwith remission of 01 year 03 months and 21 days. It further reflects The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the petitioner was released on furlough from 23.12.2023 to 13.01.2024. Learned Standing Counsel, however, has opposed the petition on the ground that the co-accused, who lives in the same area, has also been directed to be released on parole.

4.

A perusal of the order passed in favour of the co-accused reflects that the he has been directed to be released on emergency parole as his wife was verified to be in the family way with pregnancy of about 35 weeks with an expected date of delivery of 05.08.2024. In the present case, the petitioner's medical status report dated 02.07.2024 reads as under:- 'With reference to subject cited above, as per available medical records it is submitted that inmate patient is a known case of Hypertension, Coronary Artery Disease, Acute Coronary Syndrome with Triple Vessel Disease, post stenting (done on 29/12/2023) with severe LV Dysfunction (EF 20-25%) and under regular follow up with cardiology department at Safdarjung Hospital.

On 01/04/2024, inmate patient was reviewed in cardiology department of Safdarjung Hospital, wherein be provided complaint of chest pain, for which he was advised to continue same medication (as advised before). On 19/04/2024, he was reviewed in OPD Cj-02, Dispensary and his vitals were within normal limits. He was advised to continue same medication.

On 02/05/2024, inmate patient was reviewed in cardiology department of Safdarjung Hospital and complaint of chest pain and dyspnoea on exertion. Doctor examined him and advised for Coronary Angiography. His Coronary Angiography was done on 07/05/2024 and report suggestive of 99% proximal obstruction left circumflex artery. He was advised for revascularization (stenting) and it was done on 31/05/2024. He was again sent to cardiology department of Safdarjung Hospital on 20/06/2024. He complaint of weakness The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and doctor advised to continue same medication as advised before.

On 01/07/2024, inmate patient was seen by jail visiting SR Medicine, CJH as a follow up case of HTN/AWMI/TVS/Post PTCA with EF 25-30%, wherein he complaint of generalized weakness, for which he was advised appropriate treatment and advised to review after fifteen days accordingly.' 5.

Though the medical status report further states that the present medical condition of the petitioner is stable, however, keeping in view the fact that the Coronary Angiography, which was done on 07.05.2024, suggests 99% proximal obstruction left circumflex artery and that stenting has been done twice, it is directed that the petitioner be released on parole for a period of four weeks from the date of his release, subject to his furnishing a 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) That the petitioner shall maintain peace and good behavior during his period of release.

ii) That the petitioner shall report once in a week to the concerned Police Station, during the period of his release. iii) That the petitioner shall surrender to the Superintendent, Central Jail No.2, New Delhi on the expiry of his period of release 6.

The petition is disposed of in the above terms alongwith the pending application.

7.

Copy of the order be communicated to the concerned Jail Superintendent electronically for information and necessary compliance. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Copy of the order be uploaded on the website forthwith. DASTI MANOJ KUMAR OHRI, J JULY 5, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.