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High Court of DelhiW.P.(CRL)/3709/2025

Amit Shukla v. State (NCT Of Delhi)

2026-02-19Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3709/2025 AMIT SHUKLA .....Petitioner Through:

Mr.

Sannu Baghel, Advocate (Through VC) with Ms. Savita and Ms. Sonam Tomar, Advocates.

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

Mr Amol Sinha, ASC with Mr.

Ashvini Kumar, Mr. Kshitiz Garg, Mr. Anshul Sharma and Mr. Nitish Dhawna, Advocates.

Inspector Rajender Singh Rihwa, PS-Vasant Vihar.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 24.03.2026 CRL.M.A. 9014/2026 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

CRL.M.A. 9013/2026 (Seeking extension of parole for the period of four weeks on medical ground for surgery scheduled on 10.04.2026) 3.

By virtue of the present application, the petitioner seeks extension of parole for a further period of four weeks in FIR No.69/2009 under Sections 364/302/201/394/468/471/482/34 of the Indian Penal Code, 1860, PS: Vasant Vihar.

4.

Learned counsel for the petitioner submits that though he was granted parole by this Court vide order dated 19.02.2026 to undergo surgery of his right shoulder scheduled for 26.02.2026, however, since the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner was released on parole only on 28.02.2026 he was not able to undergo the said surgery on the scheduled date. He then submits that the petitioner thereafter approached the Sports Injury Centre, VMMC & Safdarjung Hospital, New Delhi on 13.03.2026, where a new Date of Admission (DOA) has been given as 10.04.2026 at 10:00 A.M. 5.

Learned counsel further submits that since the period of parole is about to expire on 28.03.2026, the petitioner after his surrender would not be able to get parole before the date of surgery, therefore, rendering the whole purpose of taking parole as infructuous. In these facts, the petitioner has moved the present application.

6.

Issue notice. Learned ASC for the State accepts notice. He submits that the present case is such where the petitioner is not entitled to any extension, particularly since the petitioner till today had not got himself admitted after his release on parole.

7.

At the outset, though this Court is cognizant that as per the Practice Directions, the petitioner has to file a fresh petition seeking extension of parole, however, considering the peculiar facts and circumstances as also the medical exigencies involved, this Court, in the interest of justice, deems it fit to proceed with the present application. 8.

Since the petitioner is seeking an extension of parole as the new date of admission for surgery is scheduled for 10.04.2026, which, under the facts and circumstances, this Court is inclined to grant, however, considering the timeline involved it would be appropriate to, instead of extending the parole already granted, grant a fresh parole for a further period of two weeks, albeit with effect from 06.04.2026 on the same terms and conditions as contained in order dated 19.02.2026, which are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

reiterated as under:- "i.

During the period the petitioner remains out on parole, the petitioner shall report to the Station House Officer (SHO), PS.:Vasant Vihar, Delhi on every Saturday.

ii. The petitioner shall also provide the SHO, PS.: Vasant Vihar, Delhi, a mobile/ telephone number which shall be kept in working condition at all times and he shall not switch off or change the mobile number without prior intimation to the SHO concerned and the mobile location be kept 'on' at all times. iii. The petitioner is directed to surrender before the Jail Authorities on the date of expiry of the period of parole on or before 04:00 P.M."

9.

In view thereof, the petitioner has to surrender before the Jail Authorities upon the expiry of his earlier parole, and then he is to be released on parole in terms of the present order on 06.04.2026. 10.

Be that as it may, it is made clear that if, for any reason, the petitioner does not get/ take admission for surgery on 10.04.2026, he shall surrender de hors the aforesaid order.

11.

The application is disposed of in the aforesaid terms. 12.

A copy of this order be sent to the concerned Jail Superintendent for information and necessary action.

SAURABH BANERJEE, J MARCH 24, 2026/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.