Naresh Khapra v. State ( Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1241/2015 NARESH KHAPRA ..... Petitioner Through:

Mr.Anurag Jain, Advocate.

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

Mr.Rajesh Mahajan, ASC for the State.

SI Amit, P.S.Punjabi Bagh.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 06.07.2015 The petitioner seeks extension of the parole which was granted to him by order dated 7.5.2015 in W.P (Crl) No.2491/214. The order dated 7.5.2015, referred to above, takes note of the fact that the petitioner had been ailing for a long time and considering his medical condition, off and on, was granted the privilege of interim bail to address his illness. After the appeal was decided against him, the petitioner was released on parole for a month by the aforementioned order. The fact that some of the convicts who are directly related to the petitioner jumped their parole bonds did not come in the way of the petitioner getting parole on his medical grounds.

Learned counsel for the petitioner has taken this Court to the OPD cards of Maharaja Agrasen Hospital.

The petitioner is suffering from spinal tuberculosis with specific

location at L4 and L5.

It has been submitted that the only remedy of such a disease is surgery, which apart from being expensive, involves risk as well. Mr.Mahajan, learned Additional Standing counsel draws the attention of this Court to the status report dated 4.7.2015. On enquiry from Indian Spinal Injuries Hospital, Vasant Kunj, New Delhi it transpired that the petitioner suffered weight loss and loss of appetite but was able to move and walk and he could be treated inside the jail. Mr.Mahajan further submits that the jail authorities are providing him all the medical facilities to which he is entitled. On a perusal of the OPD cards of the Maharaja Agrasen Hospital it appears that the petitioner is suffering from serious ailment and the prayer for parole is not for any other purpose but for getting treatment outside the jail.

This Court is inclined to extend the parole granted by the order dated 7.5.2015 for a further period of 30 days in order to enable him to get himself treated and take all medicines which are required for his well being. The petitioner, during the period when he remains on parole, would also get a date fixed for surgery if at all it is required. Be it noted that the disease with which the petitioner is suffering requires a long term treatment and positive cure is not expected in a short span of time. Let it not be a reason for the petitioner to seek further extension of the parole.

The petitioner would positively surrender before the jail authorities on or before the date of expiry of 30 days from today. The parole is subject to the conditions imposed by this Court earlier.

Petition stands allowed and disposed of accordingly. A copy of this order be given dasti under the signature of the Court to the counsel for the parties.

ASHUTOSH KUMAR, J JULY 06, 2015 k