Ramesh @ Dudhiya v. State NCT Govt Of Delhi
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAMESH @ DUDHIYA .....Petitioner Through:
Mr. Shannu Baghel, Mr. Sachin Pal and Mr. Gorang Goyal, Advocates.
versus STATE NCT GOVT OF DELHI .....Respondent Through:
Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates.
SI Pancham Kumar, P.S.: Sarai Rohilla.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 16.01.2026 CRL.M.A. 1617/2026 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
CRL.M.A. 1616/2026 By way of the present application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks extension of the parole granted to him vidé order dated 17.12.2025, which was for 04 weeks.
2.
As detailed in order dated 17.12.2025, parole was originally granted to the petitioner for taking care of his aged mother, who was suffering from eye disease; and also for addressing an orthopaedic problem that he was suffering from.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel appearing for the petitioner submits, that in the course of his consultation with the doctors, first at the Lady Hardinge Medical College & Smt. Sucheta Kriplani Hospital, and subsequently at the Parmarth Mission Hospital, New Delhi, and after going through various tests including a CT scan, doctors have now advised that the petitioner needs to undergo surgery to resolve the deformity in his left elbow.
4.
In support of this submission, learned counsel draws attention to prescription dated 03.01.2026, a copy of which is appended to the application, which records that the petitioner requires to undergo surgery, and also indicates the cost of surgery, the estimated time of recovery, as well as the date of surgery, which is scheduled on 25.01.2026.
5.
In the circumstances, counsel for the petitioner prays that the parole granted to him vide order dated 17.12.2025, which expires today, be extended by 06 weeks, to enable the petitioner to undergo surgery and recuperate.
6.
Learned ASC appearing for the State submits, that the based on the advance copy of the application, the Investigating Officer ('I.O.') had issued requisite communication under section 91 of the Code of Criminal Procedure 1973 ('Cr.P.C.') to the concerned doctor, who has confirmed that the petitioner requires surgery to address the issue of acute pain and deformity in his left elbow; and the doctor has further said that the recovery period would be approximately 03 months. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Copies of the notice sent by the I.O. under section 91 Cr.P.C., as well as the doctor's response dated 14.01.2026, are handed-up in court. The same are taken on record.
8.
Upon a conspectus of the circumstances obtaining in the matter, after hearing learned counsel for the parties, and in particular, in light of what has been advised in prescription dated 03.01.2026 issued by the attending doctor, this court is inclined to allow the present application.
9.
Accordingly, the parole granted to the petitioner vidé order dated 17.12.2025 is extended by another 04 weeks beginning 17.01.2026, on the same conditions as were imposed earlier. 10.
The application is disposed-of.
11.
The petition already stood disposed-of vidé order dated 17.12.2025. ANUP JAIRAM BHAMBHANI, J JANUARY 16, 2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.