W.P.(CRL)/772/2020 of MAZHAR UL ISLAM Vs STATE

$~A-17*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 772/2020MAZHAR UL ISLAM... Petitioner

... PetitionerThrough:Mr.Siddharth Yadav, Adv.

versus

THE STATE (NCT) OF DELHI

... Respondent

Through:Mr.Ranbir Singh Kundu, APP forState.

CORAM:

HON’BLE MR. JUSTICE JAYANT NATH

O R R%12.06.2020

1.This hearing is conducted through video-conferencing.

2.This writ petition is filed under Article 226 of the Constitution ofIndia read with Section 482 Cr.P.C. for issuance of writ in the nature ofmandamus seeking grant of parole for period of 90 days in view ofserious medical condition of the petitioner as he has to undergo surgeryfor ‘OPEN HEMORRHOIDECTOMY’ for piles.

3.The matter relates to FIR No.615/2005 under sections 302/34 IPC,P.S. Seelampur. It is stated in the petition that the petitioner is serving asentence of life imprisonment. He has been in custody for last 13 years.

4.It is further stated that the petitioner applied for grant of parolewith the respondent/State on 28.01.2020 on urgent medical grounds.However, till date he has not received any response. Previously also thepetitioner has gone for treatment for ‘MIPH 2 for piles’.

5.On15.05.2020,thiscourtpassedanorderdirectingthepairokar/learned counsel for the petitioner to fix an appointment with thedoctor at Fortis Hospital, New Delhi and inform the date and time to this

court so that an appropriate order may be passed directing the jailauthorities to take the petitioner to the said doctor for his medicalexamination.

6.On 08.06.2020, it was stated by the learned counsel for thepetitioner that an appointment has been fixed at Fortis Hospital, VasantKunj, New Delhi for 15.06.2020 at 10:00 a.m. It was also pleaded that itwould be appropriate that the petitioner be produced in person before theconcerned doctor for purpose of medical examination. Learned counselfor the State had taken some time to take instruction in this regard.

7.The State has now filed medical report regarding the petitioner.Relevant part of the said medical report reads as follows:

“It is to inform you that as per available medical record,the inmate/patient is known case of Haemorrhoid and has beenoperated for the same at Fortis Hospital previously, also he hasbeen reviewed thereafter at Fortis Hospital, G.B. Pant Hospitaland latest at AIIMS in January, 2020.

Since the nature of patient’s illness surgical, physicalexamination is warranted for the treating surgeon to decide onfuture course of treatment may be considered accordingly.”

8.A perusal of the said medical report shows that the petitionerwould require medical examination by an appropriate doctor. However,learned counsel for the respondent states that it would not be advisable todirect that the petitioner be produced before the concerned doctor forpurpose of medical examination given the present pandemic situation. Hesubmits that experience of the jail authorities has been that whereconvicts have been taken for medical examination to hospitals, some ofthem have caught infection of COVID-19. He further submits that afterthe petitioner is returned back to the jail pursuant to the medical

examination, he will be quarantined for 14 days.

9.I have perused the nominal roll of the petitioner. As per the saidnominal roll, the petitioner has been in judicial custody for period of 13years 6 months and 13 days. His jail conduct for the last one year hasbeen satisfactory. He jumped parole and was re-arrested on 04.04.2013.He has thereafter been on furlough on various occasions where he has atthe end of the furlough period duly surrendered.

10.Keeping in view the facts and circumstances including the medicalcondition of the petitioner, which is reflected in the medical report andthe current pandemic, in my opinion, it would be appropriate that thepetitioner is released on parole for period of four weeks from the date ofhis release on his furnishing personal bond for sum of Rs.20,000/-with one surety of the like amount to the satisfaction of the concerned JailSuperintendent, and subject to following conditions:

i)he will provide his mobile number at the time of hisrelease to the SHO, P.S. Seelampur, which shall be kept inworking condition at all times and shall not be changed;release to the SHO, P.S. Seelampur, which shall be kept inworking condition at all times and shall not be changed;

ii)he will report every Monday at 11:00 a.m. to the SHO,P.S. Seelampur;P.S. Seelampur;

iii)he will not leave the jurisdiction of the National CapitalTerritory of Delhi without prior permission of the concernedcourt;Territory of Delhi without prior permission of the concernedcourt;

iv)he will place on record the details of the medicaltreatment received during this period, copy of which shall alsobe filed before the Jail Superintendent.

v)he shall duly surrender at the end on the expiry of paroleperiod before the Jail Superintendent.period before the Jail Superintendent.

11.A copy of this order be sent by the Registry by e-mail to the JailSuperintendent, Tihar for information and necessary compliance.12.With the above directions, the petition is disposed of.

JUNE 12, 2020/v

JAYANT NATH, J.