Vijay Kumar Arora vs State of NCT of Delhi

Hima Kohli, J.—The present writ petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Cr.PC praying inter alias for grant of parole for a period of three months to attend to his father, who is aged 87 years and admitted in ICU in M.G.S. Hospital, Punjabi Bagh and also to arrange finance for his medical treatment.

A Status Report is handed over by the learned ASC for the State. As per the said Status Report, the Petitioner is an accused in FIR No. 154/1983 lodged under Sections 302/34 IPC. An enquiry was conducted with regard to the medical condition of the father of the Petitioner, Sh. Satpal Arora. A certificate has been obtained from Dr. Vivek Sharma at M.G.S. Hospital, Punjabi Bagh, wherein it is stated that the father of the Petitioner was admitted in the hospital in ICU bed No. 1 with the diagnosis ''left lower lobe lung consolidation with septicemia with ARDS with Acute on chronic renal failure with right pleural effusion (Syn-pneumonia) with ventricular failure with supra ventricular entopic and is currently on ventilator support''. The condition of the father of the Petitioner is stated to be critical, with poor prognosis. It is further stated that the brother-in-law of the Petitioner, who is a resident of Rohtak, Haryana is presently looking after his ailing father. The Petitioner is therefore the only surviving male family member who can take care of his ailing father and is required to arrange for finance for his treatment.

The nominal roll of the Petitioner was called for. As per the said nominal roll, against a quantum of sentence of RI for life and a fine of Rs. 2,000/-in default, RI for one year, the Petitioner has undergone a sentence of two years, nine months and nine days as on 29.1.2011 and earned remission for ten months and five days. His jail conduct for the past one year is recorded as satisfactory and there is no other case pending against him. It is further recorded that the Petitioner was granted parole w.e.f. 10.9.2010 to 11.11.2010, where after he surrendered.

Having regard to the aforesaid facts and circumstances, the present petition is allowed. The Petitioner is granted parole for a period of four weeks, subject to the following conditions:

(i) The Petitioner shall furnish a personal bond in the sum of Rs. 10,000/-with one local surety of the like amount to the satisfaction of the trial court.

(ii) The Petitioner shall report to the SHO of local Police Station once a week on every Sunday at 10:00 AM and shall not leave the National Capital Territory of Delhi during the period of parole.

(iii) The Petitioner shall furnish a telephone number to the Jail Superintendent on which he can be contacted, if required. After his release, he shall also inform his telephone number to the SHO of the police station concerned.

(iv) Immediately upon the expiry of period of parole, the Petitioner shall surrender himself before the Jail Superintendent.

(v) The period of parole shall be counted from the day after the date when the Petitioner is released from jail.

The petition is disposed of.