Inderjeet @ Inder vs State
2016 Latest Caselaw 228 Del

#22
         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                 Date of decision: 12.01.2016

W.P.(CRL) 85/2016


INDERJEET @ INDER                                    ..... Petitioner
                           Through:     Mr. Anuj Mirdha, Advocate


                           versus


STATE                                               ..... Respondent

Through: Mr. Rahul Mehra, Standing Counsel (Criminal) with Mr. Amrit Singh, Mr. Jamal Akhtar and Mr. Sanyog Bahadur, Advocates and Inspector Dinesh Kumar, PS- Rohini, Delhi

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present is a petition under Article 226 of the Constitution of India

praying for a direction to the official respondent to release the petitioner on

parole on the ground of getting treated for chronic kidney disease from

which he is suffering.

2. Notice.

3. Mr. Mehra, learned Standing Counsel (Criminal) appearing on behalf

of the official respondent accepts notice and fairly does not oppose this

petition.

4. In the present petition, it is observed that the petitioner has already

undergone incarceration for a period of eleven and half years out of the total

sentence of life imprisonment. The petitioner has been released on

parole/furlough from time to time on the ground of his afore-stated medical

condition and during his last release on parole, his condition became serious

for which he had to be rushed to All India Institute of Medical Sciences. It is

further an admitted position that the jail authorities have not requisitioned his

services for any labour on account of his being medically unfit. The

petitioner has been continuously admitted to the jail hospital for medical

treatment.

5. In view of the foregoing and on humanitarian grounds, it is considered

just, necessary and expedient to release the petitioner on parole for a further

period of four weeks from the date of his release on the same terms and

conditions as imposed by this Court by way of order dated 14.08.2015.

6. The writ petition is allowed and disposed of accordingly.

7. A copy of this order be sent to the Superintendent, Central Jail, Tihar

for necessary information and compliance.

SIDDHARTH MRIDUL, J

JANUARY 12, 2016 dn