Delhi High Court
Vijay Kumar Arora vs State Of Nct Of Delhi on 11 February, 2011
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 176/2011
Decided on 11.02.2011
IN THE MATTER OF :
VIJAY KUMAR ARORA ..... Petitioner
Through: Mr. Ajay Verma, Advocate
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr.Vikas Pahwa, ASC with
SI Kamal Kohli, PS Moti Nagar
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may No
be allowed to see the Judgment?
2. To be referred to the Reporter or not? No
3. Whether the judgment should be No
reported in the Digest?
HIMA KOHLI, J. (Oral)
1. The present writ petition is filed by the petitioner under Article
226 of the Constitution of India read with Section 482 of the Cr.PC praying
inter alia for grant of parole for a period of three months to attend to his
father, who is aged 87 years and admitted in ICU in M.G.S.Hospital, Punjabi
Bagh and also to arrange finance for his medical treatment.
2. A Status Report is handed over by the learned ASC for the State.
As per the said Status Report, the petitioner is an accused in FIR
No.154/1983 lodged under Sections 302/34 IPC. An enquiry was conducted
with regard to the medical condition of the father of the petitioner, Sh.Satpal
Arora. A certificate has been obtained from Dr.Vivek Sharma at
M.G.S.Hospital, Punjabi Bagh, wherein it is stated that the father of the
petitioner was admitted in the hospital in ICU bed No.1 with the diagnosis
'left lower lobe lung consolidation with septicemia with ARDS with Acute on
chronic renal failure with right pleural effusion (Syn-pneumonia) with
ventricular failure with supra ventricular ectopics and is currently on
ventilator support'. The condition of the father of the petitioner is stated to
be critical, with poor prognosis. It is further stated that the brother-in-law
of the petitioner, who is a resident of Rohtak, Haryana is presently looking
after his ailing father. The petitioner is therefore the only surviving male
family member who can take care of his ailing father and is required to
arrange for finance for his treatment.
3. The nominal roll of the petitioner was called for. As per the said
nominal roll, against a quantum of sentence of RI for life and a fine of
`2,000/-in default, RI for one year, the petitioner has undergone a sentence
of two years, nine months and nine days as on 29.1.2011 and earned
remission for ten months and five days. His jail conduct for the past one
year is recorded as satisfactory and there is no other case pending against
him. It is further recorded that the petitioner was granted parole w.e.f.
10.9.2010 to 11.11.2010, whereafter he surrendered.
4. Having regard to the aforesaid facts and circumstances, the present
petition is allowed. The petitioner is granted parole for a period of four
weeks, subject to the following conditions:-
(i) The petitioner shall furnish a personal bond in the sum of `10,000/-
with one local surety of the like amount to the satisfaction of the trial
court.
(ii) The petitioner shall report to the SHO of local Police Station once a
week on every Sunday at 10:00 AM and shall not leave the National
Capital Territory of Delhi during the period of parole.
(iii) The petitioner shall furnish a telephone number to the Jail
Superintendent on which he can be contacted, if required. After his
release, he shall also inform his telephone number to the SHO of the
police station concerned.
(iv) Immediately upon the expiry of period of parole, the petitioner shall
surrender himself before the Jail Superintendent.
(v) The period of parole shall be counted from the day after the date when
the petitioner is released from jail.
5. The petition is disposed of.
DASTI.
A copy of this order be forwarded by the Registry forthwith to the
Superintendent Jail for information.
(HIMA KOHLI)
FEBRUARY 11, 2011 JUDGE
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