Jai Narain Malik v. State

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3222/2018 JAI NARAIN MALIK ..... Petitioner Through: Mr. M.L. Yadav, Adv.

versus STATE ..... Respondent Through: Mr. Jamal Akhtar, Adv. for Standing Counsel for State with SI Bhagat Singh, P.S.

Ashok Vihar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 23.10.2018 The petitioner seeks extension of parole by a period of three months to undergo treatment for renal ailment which, according to the record, is rather serious. The attending doctor has opined that the ailment is "too risky" and chances of treatment are less. Nevertheless, he is scheduled for further medical investigations and operation, if so opined. The Status Report filed by the police confirms the above position as under: "The medical treatment details of the petitioner have been obtained from Fortis Hospital, Shalimar Bagh, Delhi and Dr. Gurvinder Kaur, Medical Superintendent has given in writing that the petitioner is a case of Chronic Liver Disease (CLD), Chronic Kidney Disease (CKD) and Systemic Lupus Erythematosis (SLE) and since July-2018 he has been consulting Gastroenterologist (Dr.

Arvind Khurana), Rheumatologist (Dr.

Priyanka Kharbanda) and

Nephrologists (Dr. Manoj Arora & Dr. Dinesh Mittal) in OPD. The petitioner has been advised treatment for his Chronic Kidney Disease (CKD) for which conservative line of management has been advised for time being. Without a serum creatinine of 4.5 Mg% his GFR is around 15 to 20 percent meaning he has lost almost 85% of his kidney function. As to the cause of this, it's difficult to say what has caused this renal damage over 05 months. A renal biopsy will be very risky at this stage. Since the patient has CKD Stage-IV, it is for the jail doctors to opine whether they are capable of keeping such patient under their care. However, at present his treatment is domiciliary as per now."

The petitioner is over 70 years of age. He has been incarcerated for more than 4 years 8 months and 18 days. He has been earlier released four times each on parole and furlough.

In view of the above, the parole is extended by a period of 11 weeks on the same terms and conditions.

The petition is disposed off in the above terms. A copy of this order be given dasti to the learned counsel for the petitioner, under the signature of the Court Master. NAJMI WAZIRI, J OCTOBER 23, 2018/acm