Krishna Gupta v. State NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2795/2015 KRISHNA GUPTA ..... Petitioner Through:

Mr.Vikram Saini, Advocate.

versus STATE NCT OF DELHI & ORS ..... Respondents Through:

Ms.Kamna Vohra, ASC.

SI Sunil Kumar, P.S.Tilak Marg.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 04.01.2016 The petitioner had made a request before the competent authority for being released on parole primarily for the purpose of attending to her husband who has been suffering from hallucinations and chronic vascular dementia.

The only reason why the prayer of the petitioner was not acceded to was that the mandatory period of six months had not elapsed from the date of termination of the previous parole. The petitioner was released on parole for a month with effect from 04.07.2015 by the order of this Court. The aforesaid parole was extended till 11.08.2015. Leaned counsel appearing for the petitioner submits that though six months have not yet passed from the last parole period but the condition of

the husband of the petitioner is very precarious. It has been submitted that the husband of the petitioner is being looked after by their daughter. The status report affirms the fact that the husband of the petitioner is suffering from a depressive illness and seizure disorders. In the aforesaid disease, a patient becomes violent suddenly.

The conduct of the petitioner in jail has been satisfactory throughout. It is also submitted that the entire sentence period including remission is going to be over by the middle of February. Considering the aforestated aspect of the matter, this Court is inclined to release the petitioner on parole for a period of 15 days from the date of his release.

Let the petitioner be released on parole for a period of 15 days from the date of his release subject to the petitioner furnishing a bond in the sum of Rs.10,000/- with one surety of like amount to the satisfaction of the Superintendent of the concerned Jail, subject to the following conditions:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. b) The petitioner shall not engage himself in any unlawful activity. c) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station.

d) He shall furnish his mobile telephone number and the mobile telephone number of both the sureties to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application

could be moved by the SHO for cancellation of his parole and for taking of the coercive steps for securing his attendance. With these observations, the petition is disposed of. Copy of the order be given dasti under the signature of Court Master. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J JANUARY 04, 2016 k