W.P.(CRL)/2491/2014 of NARESH KHAPRA Vs STATE ( GOVT OF NCT OF DELHI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 2491/2014

NARESH KHAPRA

..... PetitionerThrough:Mr. Siddhant Srivastava and Mr.Rohit Singh, Advs.

versus

STATE ( GOVT OF NCT OF DELHI)..... RespondentThrough:Mr. Mukesh Gupta, ASC with SIAmit Kumar, P.S. Punjabi Bagh

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%07.05.2015

Petitioner is undergoing life sentence in the FIR No. 887/2006 underSections 302/307/120-B/34 IPC read with Sections 25/27/54/59 of the ArmsAct, 1959 registered at Police Station Punjabi Bagh, Delhi.He is inincarceration for more than seven years. Petitioner is suffering from pott’sspine (tuberculosis of spine) with psoas abscess (infection over back). Hehas been suffering from this ailment for long time. He was granted interimbail on 25[th]November, 2013 as also on 20[th]February, 2014 by the DivisionBench during pendency of the appeal. He was granted interim bail in viewof his serious ailment with which he is suffering.

Petitioner seeks parole on the ground that condition of the petitioner isserious and he wants to take treatment in private hospital.

Report was sought from the Superintendent Jail regarding medicalcondition of the petitioner.Senior Medical Officer, Central Jail No. 4 hassubmitted his report dated 10[th]March, 2015, which confirms that petitioneris suffering from pott’s spine with psoas abscess and is receiving treatmentfrom G.B. Pant Hospital and Lok Nayak Hospital. At the end of the report,it has been specifically mentioned that petitioner is admitted in MI Room,Central Jail No. 4 Dispensary and his complaints are still persisting despiteproviding him all prescribed medicines from the dispensary. In the report,doctor has further mentioned that petitioner is advised bed rest.

Learned Additional Standing Counsel submits that co-convicts, whowere granted parole, have jumped the parole, therefore, in terms ofParole/Furlough Guidelines, 2011, petitioner is not entitled to parole. It maybe noted that these are merely guidelines and will not come in way ingranting parole by the Court in special circumstances, such as seriousmedical conditions of convict. It may further be noted that petitioner wasgranted interim bail during pendency of the appeal on two occasions and hehas not misused the same.

Accordingly, petitioner is directed to be released on parole for aperiod of one month from the date of his release, subject to his furnishing apersonal bond in the sum of `10,000/- (Rupees Ten Thousand Only) withone surety in the like amount to the satisfaction of the Jail Superintendent.Petitioner is directed not to leave the territorial bounds of Delhi during theparole period.On completion of parole period, petitioner shall surrenderbefore 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 forcompliance.

MAY 07, 2015rb

A.K. PATHAK, J.