R Harshinder v. State Of NCT Of Delhi

$~35.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2623/2016 R HARSHINDER ..... Petitioner Through:

Mr. S.P. Mehta, Advocate.

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

Mr. Rajat Katyal, APP and Ms.Ankita Goyal, Advocate for Ms. Kamna Vohra, ASC along with SI Karamvir, PS-Narela, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.09.2016 Crl. M.A. No. 13966/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2623/2016 Issue notice. Mr. Katyal accepts notice.

The petitioner has preferred this petition to seek extension of parole which is expiring today, i.e. 07.09.2016 in case FIR No.211/2004 under Section 304 B/ 498A/ 34 IPC registered at Police Station - Narela for a period of two months, or for such period as may be deemed fit by the Court.

The petitioner was operated for a knee replacement in February 2016. He was initially granted parole for filing a Special Leave Petition before the Supreme Court on 05.02.2016 against the judgment of this Court confirming the conviction of the petitioner. The petitioner has been sentenced to undergo Rigorous Imprisonment for a period of ten years for the aforesaid offences. The petitioner was again released on parole on 25.06.2016. The petitioner applied for extension of parole to this Court which was granted on 22.08.2016 up to 01.09.2016. The same was further extended till 06.09.2016 vide order dated 01.09.2016.

The submission of learned counsel for the petitioner is that the petitioner is in need of physiotherapy on daily basis. He further submits that the facility of physiotherapy is not available in the jail hospital. He further submits that the petitioner cannot squat on the floor. Therefore, he needs a western style toilet, a wooden cot to sit and sleep on, and sports shoes, as recommended by the doctor.

Mr. Katyal submits that the petitioner shall be provided physiotherapy, and if necessary, he shall be taken daily to the Deen Dayal Upadhyay Hospital. He further submits that the petitioner shall be produced before the specialist doctor, who shall evaluate the petitioner's condition and further treatment shall be made available to the petitioner based on the said evaluation and opinion. Mr. Katyal also submits that the petitioner's need for western style toilet as well as a wooden cot to sit and lie on, shall also be met and the petitioner shall be permitted to carry with him his sports shoes, which are tied with Velcro and not laces.

In these circumstances, the parole granted to the petitioner is extended till 09.09.2016 on the same terms & conditions as earlier imposed.

A copy of this order be communicated to the Jail Superintendent. Order dasti to the parties.

VIPIN SANGHI, J SEPTEMBER 07, 2016 B.S. Rohella