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Taking care of hospitalised wife and minor children held sufficient ground for grant of parole: Del HC

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 31.10.2018

W.P.(CRL) 3239/2018

RAJ KUMAR @ RAJA ….. Petitioner

versus

STATE ( GOVT OF NCT OF DELHI) ….. Respondent

Advocates who appeared in this case:
For the Petitioner : Mr. Anurag Jain with Ms. Ayushi Sharma, Advocates.
For the Respondents : Ms. Amita Sachdeva, Advocate for Ms. Richa Kapoor,
ASC for State.
SI Manish Tyagi, PS Gandhi Nagar.

CORAM:- HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT
31.10.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner, by this petition, had sought extension of parole granted by the Competent Authority.

2. Parole was granted to enable the petitioner to file a special leave petition. By order dated 10.10.2018, parole granted to the petitioner was extended for a further period of two weeks, which expired on 25.10.2018 and the petitioner thereafter has surrendered.

3. Petitioner has sought parole on the ground that his wife is suffering from a skin disease and is admitted in a hospital and there are two minor children.

4. Status report has been filed which has verified the factum of the illness of the wife of the petitioner as also the fact that she is admitted in a hospital.

5. Learned APP for the State submits that the mother of the petitioner lives in the vicinity.

6. Learned counsel for the petitioner submits that the mother of the petitioner is a senior citizen and is not in a position to take care of the minor children as also to attend to the wife of the petitioner.

7. Keeping in view of the facts and circumstances of the case, the petitioner is granted parole for a period of three weeks from the date of his release on his furnishing a personal bond of Rs.4,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned. He shall maintain peace and good behaviour during his release. He shall remain at his residential address mentioned in the memo of parties, during the period of his release on parole. After completion of the parole period of three weeks, the petitioner shall surrender before the Jail Superintendent concerned.

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8. The petition is disposed of in the above terms.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 31, 2018

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