Shashi Shekkar @ Neeraj v. State Govt Of NCT Of Delhi

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 2551/2017 SHASHI SHEKKAR alias NEERAJ .... Petitioner Through:

Ms. Charu Dalal and Mr. Pratap Singh, Advocates versus STATE OF GOVT OF NCT OF DELHI ......Respondent Through:

Mr. Ranbir Singh Kundu, ASC for State with SI SAndeep PS Vasant Kunj (North)

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 08.09.2017 The present petition has been filed by the petitioner inter alia praying for issuance of writ of mandamus granting parole to the petitioner for a period of three months for taking care of his ailing wife whose operation is due on 11th September, 2017.

Status report has been filed by the State.

Perusal of record shows that the petitioner is undergoing life imprisonment in three different cases wherein he has already undergone 25 years of incarceration. The jail conduct of the petitioner has been found to be satisfactory and he was granted parole on 11 to 12 occasions earlier. The status report filed by the State goes to show that the address provided by the petitioner has been got verified. It has also verified the factum of illness of Smt., Savita, wife of the petitioner and the fact that she has to undergo operation on 11th September, 2017 for removal of Uterus Cyst. The OPD record of Smt. Savita, wife of petitioner has also been verified by Dr. Ms. Rajni Mittal, CMO (NFSG), Hindu Rao Hospital, who has confirmed that "Smt. Savita is suffering

from Hypertension with Hypothrodin with heavy menstrual bleeding with 20 prolapsed of uterus and she has been advised removal of uterus". Keeping in view the facts and circumstances of the present case, the present petition is allowed. The petitioner is directed to be released on parole for a period of six weeks, subject to :

i) his furnishing personal bond with one local surety in the sum of Rs.25,000/- to the satisfaction of the Jail Superintendent; ii) he shall report at the local police station to mark his attendance on every Friday at 11:00 a.m. during the period of parole; iii) he shall duly surrender at the end of the period of parole; iv) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

v) he shall also not indulge in any criminal activity during the period of parole.

Copy of this order be given dasti, as prayed. A copy of this order be communicated to the Jail Superintendant concerned.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 08, 2017 SM