Sunil Nayak @ Fundi v. State (NCT Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3137/2016 SUNIL NAYAK @ FUNDI ..... Petitioner Through:

Mr. Hemendra Jailiya & Mr. Gurpreet Singh, Advocates.

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

Ms.

Nandita Rao, ASC and Ms.Srilina Roy, Advocate along with SI Sachin Vrma, PS-Sarai Rohilla, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.12.2016 Report has been received from the Jail Superintendent, Central Jail No.1. According to this report, the petitioner was punished on 12.08.2016 on account of the fact that he exceeded the visitation duration by 11⁄2 hours, and despite repeated intervention, he refused to budge and continued his Mulaakaat with his wife. He also misbehaved with the Officer on Duty, who tried to intervene. The jail authorities have taken a lenient view of the matter and not proceeded under Section 45 (1) of the Prisons Act. He has been let off by giving a punishment ticket to him.

In view of the aforesaid, since the last punishment inflicted upon the petitioner is of 12.08.2016, I am not inclined to grant parole to the petitioner at this stage. I may also observe that the petitioner, when earlier released on parole in 2010, had jumped parole and was re-arrested on 27.06.2013 in another case.

Learned counsel for the petitioner has submitted that the wife of the petitioner has to undergo examination and surgery on 10.12.2016 at Dr. Ram Manohar Lohiya Hospital, for which his presence is necessary to provide his consent.

Let the petitioner be produced in custody at Dr. Ram Manohar Lohiya Hospital, New Delhi on 10.12.2016 between 09:00 a.m. to 05:00 p.m., or such period during which his wife has to undergo the procedure. It shall be open to the petitioner to apply for parole once the period of six months from the date of infliction of the jail punishment is over, provided he satisfies all the requirements under the law.

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