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High Court of DelhiW.P.(CRL)/1214/2016

Hem Singh @ Hemu v. State Of NCT Of Delhi

2016-04-29Hon'Ble Ms. Justice Pratibha Rani3 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HEM SINGH @ HEMU ..... Petitioner Through:

Ms.Neha Kapoor, Advocate.

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

Ms.Hem Singh, A.S.C. for the State with Mr.Ashish Negi, Advocate with SI Subhash Chand, PS Pandav Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.04.2016 1.

By way of this writ petition filed under Article 226 & 227 of the Constitution of India read with Section 482 Cr.P.C., petitioner is seeking grant of parole for a period of two months on the grounds that after his knee surgery which took place on 08.04.2016, he has been advised bed rest, physiotherapy and ice pack treatment etc.

2.

Nominal roll of the petitioner has been received from the Jail. 3.

Medical report from the Jail Superintendent has also been received which is to the following effect:

"In compliance with the order No. 14564/Crl. Dated 26.04.2016 of the Honble High Court of Delhi, in reference to Writ Petition (Criminal) No. 1214/2016, the health status report of inmate/patient Hem Singh s/o Pratap Singh.

With reference to above cited subject inmate/patient is presently lodged in Central Jail No. 02, Tihar, New Delhi and regular

follow-up from CJ-2 dispensary. Patient was a case of pain in right knee joints and reviewed by Orthopedics specialist in CJ-2 dispensary. Patient was sent to Safdarjung hospital (Sports Injury Centre) for the same, where MRI was done on 08.10.2015 and diagnosed ACL (Arterial Crucial Ligament) tear in right knee. Patient was admitted in Safdarjung Hospital on .....04.2016. All pre-operative investigation was done and ACL repair was done by surgical proseizure in Safdarjung Hospital on 08.04.2016 and discharged from hospital on 12.04.2016. Patient was advised prescription, Physiotherapy for movement of operated limb and Rest.

There is no Physiotherapist posted in Central Jail no. -02." 4.

In view of the facts that the petitioner has undergone surgical process and has been advised physiotherapy for movement of operated limb and rest which facility is not available in Jail hospital, petitioner is granted parole for a period of four weeks from the date of his release, on his furnishing 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) During the period of parole, the Petitioner shall report to the Duty Officer, P.S. Trilok Puri, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Trilok Puri, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(iii) During the period of parole, the petitioner shall not try to contact the witnesses in any manner whatsoever.

(iv) While submitting the bail bond, he will furnish to the Jail Superintendent the address of the place where he would reside in Delhi

during the period of parole as well as the contact numbers. 5.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 6.

Writ Petition stands allowed in the above terms. 7.

The Petitioner be informed through the Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

APRIL 29, 2016 'hkaur'