Delhi High Court - Orders
Washim vs State Nct Of Delhi on 9 October, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2939/2023
WASHIM ..... Petitioner
Through: Mr. Anup Kumar Das, Advocate
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Amol Sinha, ASC with Mr.
Kshitiz Garg, Mr. Ashvini Kumar and
Ms. Chavi Lazarus, Advocates
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 09.10.2023 [The proceeding has been conducted through Hybrid mode]
1. This is a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") filed by the petitioner seeking issuance of a writ of mandamus or any other appropriate writ thereby directing to respondent No.2 to release the petitioner on parole for a period of two months in FIR bearing No. 353/2016 under Sections 342/377/506 of Indian Penal Code, 1860 (for short "IPC") & Section 6 POCSO Act, 2012 registered at Police Station Hazart Nizamuddin, Delhi.
2. Learned counsel appearing for the petitioner submits that the petitioner is presently confined in Central Jail No.-02, Tihar, New Delhi and serving his life sentence, out of which he is stated to have already spent about 08 years of imprisonment.
3. Learned counsel submits that the petitioner is seeking grant of parole for a period of two months on the following two grounds:-
(a) To get himself operated for (Laparoscopic W.P.(CRL) 2939/2023 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 23:16:01 Cholecystectomy) (Gallbladder Removal / Stone Removal) Surgery as the petitioner is suffering from Immense Pain.
(b) The petitioner wishes to Re-Establish Social-Ties with Society and Family members on Account of continuous Long incarceration.
4. Learned counsel submits that the petitioner had forwarded an application for parole to the competent authority vide the application dated 15.09.2023 which has not been responded to nor rejected by the competent authority.
5. Issue notice.
6. Notice is accepted by Mr. Amol Sinha, learned ASC.
7. In view of the aforesaid fact that the competent authority has not yet taken a decision on the parole application dated 15.09.2023 stated to have been submitted on 18.09.2023, this Court is of the considered opinion that it would be in the interest of justice to direct the Competent Authority to decide the said application and pass suitable order, keeping in view the medical documents placed on record indicating that the applicant requires gall bladder surgery.
8. The same be decided expeditiously, not later than 7 days from the date of receipt of the present order.
9. A copy of this order be sent to the Jail Superintendent forthwith.
10. The petition is disposed of.
TUSHAR RAO GEDELA, J OCTOBER 9, 2023/ms W.P.(CRL) 2939/2023 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 23:16:01