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High Court of DelhiW.P.(CRL)/1393/2017

Sarvesh Kumar Bhatia v. Narcotics Control Bureau & ANR

2017-05-08Hon'Ble Mr. Justice Ashutosh Kumar3 pages

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1393/2017 SARVESH KUMAR BHATIA ..... Petitioner Through:

Mr. Dhan Mohan with Mr. Tanu, Mr.

Jayanti Prasad & Mr. Sarthak Maggon, Advs.

versus NARCOTICS CONTROL BUREAU & ANR ..... Respondents Through:

Mr. Rajesh Manchanda, Adv. for NCB Ms. Mallika Parmar, Adv. for Ms.

Richa Kapoor, ASC for the State

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 08.05.2017 Crl.M.A.7679/2017 Exemption allowed, subject to all just exceptions. Application is disposed of.

W.P.(CRL) 1393/2017 The petitioner seeks parole for the purposes of attending to his mother who is to be operated upon 10.05.2017 in Parmarth Mission Hospital. The petitioner was granted parole by the competent authority on 22.03.2017 for a period of four weeks for the aforesaid purpose. The period of parole expired on 29.04.2017. Unfortunately, the operation could not be performed and a later date was given.

It is submitted that the petitioner, though had filed an application seeking extension of period of parole but on the expiry of the term of the parole, the petitioner surrendered before the jail authorities. The application for extension of the parole is still under consideration before the competent authority.

Considering the fact that the operation on the mother of the petitioner has to be performed on 10.05.2017, this court is persuaded to release the petitioner on parole for 7 days, coinciding with the date of operation. While saying so, this court has taken into account the status report which indicates that the assertion of the petitioner, on verification, was found to be true.

Let the petitioner be released on parole for a period of 7 days, to be counted from the date of his release, coinciding with the date of operation, on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Superintendent of the concerned Jail. Needless to state that the petitioner shall observe the following conditions during the period of parole:- a) The petitioner shall surrender on or before the expiry of the said period of parole.

b) The petitioner shall not engage himself in any unlawful activity. c) The petitioner would not leave, under any circumstance, the National Capital Territory of Delhi.

d) He shall furnish his and his surety's mobile telephone numbers to the SHO of the concerned police station so that in case of necessity, he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J MAY 08, 2017/ns