Birju Chihietri v. State

Delhi High Court · 14 Sep 2016 · 2016:DHC:9128
A. K. Pathak
W.P.(CRL) 2288/2016
2016:DHC:9128
criminal petition_allowed

AI Summary

The Delhi High Court granted parole for one month to a prisoner to assist his chronically ill wife, emphasizing humanitarian grounds and prior good conduct during parole.

Full Text
Translation output
2,~ $- 13 HIGH COURT OF DELHI W.P.(CRL) 2288/20 16
BIRJU CHIHIETRI Petitioner
Through : Mr. K. Singhal, Adv.
VERSUS
STATE Respondent
Through : Mr. Ashish Aggarwal, ASC
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
14.09.2016 File is taken up today as 13th September, 2016 was declared holiday on account of Idu'l Zuha.
Petitioner seeks parole on the ground that his wife is suffering from chronic rheumatoid and is unable to walk. It is submitted that petitioner's assistance is required by his wife for her medical treatment. As per nominal roll, petitioner is in incarceration for more than nine years. A perusal of nominal roll shows that petitioner was released on parole in the years 2013, 2014 and 2015. It is not the case that petitioner has misused the concession of parole extended to him. Even in the year 2015, petitioner was granted parole to enable him to look after his ailing wife and to facilitate treatment
2016:DHC:9128 to her.
Keeping in mind the totality of facts and circumstances, petitioner is directed to be released on parole for a period of one month from the date of his release, subject to his furnishing a personal bond in the sum oflO,OOO/-
(Rupees Ten Thousand Only) with one surety in the like amount to the satisfaction of Jail Superintendent. On completion of parole period, petitioner shall surrender before the Superintendent Jail.
Writ petition is disposed of in the above terms.
Copy of the order be sent to the Jail Superintendent for serving it upon the petitioner and for compliance.
SEPTEMBER 14, 2016 A-LATHAK, j. rb 2016:DHC:9128
JUDGMENT