Rohit Sehrawat vs State (Govt Of Nct Of Delhi)
2017 Latest Caselaw 5216 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                        Date of Decision: 19.09.2017
+                     W.P.(CRL) 2579/2017

        ROHIT SEHRAWAT                     ..... Petitioner
                    Through: Mr. Sudhir Naagar, Advocate with
                    Mr.Vijay Kasana, Advocate.


                            versus

        STATE (GOVT OF NCT OF DELHI)        ..... Respondent
                     Through: Mr. Avi Singh, ASC for the State
                     with SI Ramesh Kumar, PS Sultan Puri,
                     Delhi.

        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL
VINOD GOEL, J. (Oral)

1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 to grant him parole for a period of four weeks on the ground that his father has to undergo cataract surgery which was earlier scheduled on 28.04.2017 and is now re- scheduled on 22.09.2017.

2. Status report has been filed.

3. As per status report, copy of the Medical Certificate issued by Medical Officer of Sanjay Gandhi Memorial Hospital, Delhi has been verified and found to be correct. It is mentioned that the cataract surgery of the father of the petitioner namely Mahender Singh is

scheduled to take place on 22.09.2017 and for the said purpose, he is required to be admitted in the Hospital on 21.09.2017.

4. The request of the petitioner for his release on parole was rejected by the competent authority vide order dated 21.07.2017, for the reason that para 11.5 of parole/Furlough Guidelines, 2010 provides that a minimum of six months ought to have elapsed from the date of termination of the previous parole. The petitioner availed of the parole lastly on 18.04.2017.

5. Since the father of the petitioner, who is 70 years of age and has to be operated upon surgery for cataract on 22.09.2017, the petitioner be released on Parole for a period of seven days from the date of his release on the following terms and conditions: -

(i) the petitioner shall furnish his personal bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent.

(ii) the petitioner shall maintain good conduct and behaviour during the period of his release.

(iii) the petitioner shall provide mobile number of the surety which shall be kept in active mode and shall not be changed without the permission of the Court.

(iv) He shall not leave the National Capital Territory of Delhi without the prior permission of the court.

(v) He shall surrender to Jail Superintendent immediately after expiry of parole period.

6. The petition is disposed of accordingly.

7. Copy of this order be sent to the Jail Superintendent.

8. Copy of this order be given dasti.

VINOD GOEL, J.

SEPTEMBER 19, 2017 "sandeep"