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High Court of DelhiW.P.(CRL)/661/2017

Zafar-Ul-Islam v. State

2018-01-18Hon'Ble Ms. Justice Mukta Gupta2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 661/2017 ZAFAR-UL-ISLAM ... Petitioner Represented by:

Mr.Puneet Garg with Mr.Nitesh Gupta, Advocates versus STATE .... Respondent Represented by:

Mr.R.S.Kundu, ASC with Mr.Bhagat Singh, Advocate SI K.P.Singh, PS Seelampur

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.02.2018 Crl.M.A.2909/2018 (Exemption) Allowed, subject to all just exceptions.

Crl.M.A.2908/2018 (for extension of parole) By this petition the petitioner had initially sought parole on the ground that he had to get his surgery done as he was suffering from sinus and has a long drawn treatment for the same. The petition was filed in March, 2017 and since then it has been adjourned on one ground or the other. In the meantime, the daughter of the petitioner was engaged and thus the petitioner sought parole for engagement of his daughter and was granted parole for two weeks vide order dated 18th January, 2018. Since while disposing of the petition by this Court on January 18, W.P.(CRL) 661/2017

2018, the issue of petitioner's surgery was not addressed, the petitioner filed the present application seeking extension of parole for his own treatment. On 15th February, 2018, when this petition came up, this Court issued notice and the petitioner has since surrendered to custody. On a notice being issued in this application, a Status Report has been handed over in Court, which is taken on record. As per the Status Report, it has been verified that the petitioner is undergoing treatment at Fortis hospital and as per the doctor the date of surgery will be given after confirmation by the petitioner to the hospital. Learned counsel for the petitioner has taken this Court to the document at page 13 of the application wherein the tentative date of surgery has been fixed as 4th March, 2018.

Considering that the date for surgery has been fixed which, if the petitioner is released, would be performed, this Court deems it fit to grant parole to the petitioner for a period of two weeks. It is, therefore, directed that the petitioner be released on parole for a period of two weeks from the date of his release on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the Superintendent, Tihar Jail. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 23, 2018 'rk'

W.P.(CRL) 661/2017