Colony v. State

Delhi High Court · 07 Sep 2018 · 2018:DHC:8863
Ms. Justice Mukta Gupta
W.P.(CRL)1786/2018
2018:DHC:8863
criminal petition_allowed

AI Summary

The Delhi High Court granted four weeks' parole to a 65-year-old prisoner with a fractured hip, subject to bond and travel restrictions, recognizing parole as a discretionary relief for medical exigencies.

Full Text
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$-35 to 37 HIGH COURT OF DELHI
W.P.(CRL)1786/2018
ANIL GUJRAL
Represented by:
Petitioner Ms.Hena Shah and Ms.Poonam Sharma,Advocates
VERSUS
STATE
W.P.(CRL)1787/2018
Respondent Ms.Kamna Vohra,ASC for the State with SI Sushi Sanwaria,PS Defence
Colony
VERSUS
STATE
W.P.(CRL)1788/2018
Colony
VERSUS
STATE
W.P.(CRL)1786/2018& conn.matters page1 of3
2018:DHC:8863 Colony
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
07.09.2018
ORDER

1. By these writ petitions, the petitioner had sought parole to maintain social ties in which notice was issued returnable for 14'*^ September,2018. However on 5'^ September, 2018 three applications were filed by the petitioner stating that petitioner had fallen down in Tihar Jail premises and thus suffered fracture ofthe hip bone and he be granted furlough so that he can get his treatment done at a private hospital.

2. On a notice being issued, a status report and medical health report of the petitioner from the Superintendent Jail has been handed over which are taken on record. As per the status report,petitioner's son wasfound residing at the address mentioned in the status report along with his wife, daughter and father-in-law. Further as per the medical report received from the Central Jail, Tihar the petitioner fell down on 28'*^ August, 2018 and sustained injury over right hipjoint. He wastaken to Deen Dayal Upadhyay Hospital in emergency and after being diagnosed fracture ofthe neck ofthe femur bone right side he was sent back to Central Jail with the advice to use boot and bar of[3] kgs weight and other conservative treatment.

3. The petitioner being aged 65 years and having fallen down suffering a fracture in the hip bone and considering the factthatfurlough is a reward of good conduct and parole can be granted to meet exigencies ofthe situation, W.P.(CRL)1786/2018& conn.matters poge 2 of 3 this Courtdeemsitfitto grantparoleto the petitioner.

4. It is,therefore,directed thatthe petitioner be released on parole for a period of[4] weeks on his furnishing a personal bond in the sum of^50,000/with one surety bond ofthe like amount subject to the satisfaction ofthe Superintendent,Tihar Jailfurthersubjecttothe condition thatpetitioner will notleavethe country duringthe period ofparolegranted to him.

5. Petition is disposed of.

6. Order dasti.