High Court of DelhiW.P.(CRL)/1468/2015

Surender Kumar v. State Of NCT Of Delhi

2015-08-07Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1468/2015 SURENDER KUMAR ..... Petitioner Through Mr. Ashim Shridhar & Ms.Shruti Kukreja, Advs.

versus STATE OF NCT OF DELHI ..... Respondents Through Mr. Ashish Aggarwal, ASC SI Rizwan Khan PS Seelampur.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 07.08.2015 The prayer of the petitioner for release on parole on medical grounds was rejected by the competent authority on 30.06.2015. The petitioner had been released on parole from 30.12.2014 to 28.01.2015. The prayer for release was made within a period of six months from the last parole period.

This was the reason for the rejection of the prayer of the petitioner.

The petitioner has brought on record medical papers of Lok Nayak Hospital, Delhi, reveal kidney trouble and suggestion of renal transplantation at AIIMS.

The status report confirms the medical condition of the petitioner. However, it has been stated on behalf of the State that medical facilities are also available at Tihar Jail.

Considering the emergent situation wherein the petitioner is to get his

kidney transplanted, let the petitioner be released on parole for a period of 30 days from the date of his release on his furnishing a bond in the sum of Rs.10,000/- with two sureties of like amount, one such surety to be the brother of the wife of the petitioner, to the satisfaction of the Trial court . After release on parole, the petitioner would ensure his admission in any hospital, if not at AIIMS where such facility is available so that he could be treated for his renal trouble. After his admission in the hospital, he would obtain a certificate from the Superintendent of the concerned hospital and would have it furnished to the SHO of the concerned police station. In case the transplantation is not done for some reason or the other including lack of permission or absence of wherewithal in that particular hospital, that fact also would be immediately communicated to the SHO of the concerned police station.

The petitioner would surrender before the jail authorities on or before the expiry of the period of parole.

With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. Dasti.

ASHUTOSH KUMAR, J AUGUST 07, 2015 ab