Delhi High Court - Orders
Mohd Anwar vs State Through Sho Sadar Bazar on 15 March, 2023
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 724/2023 & CRL.M.A. 6680/2023
MOHD ANWAR ..... Petitioner
Through: Mr. M.L. Yadav, Mr. Anshul Yadav
and Mr. Abhishek Sharma, Advs.
versus
STATE THROUGH SHO SADAR BAZAR ..... Respondent
Through: Mr. Saransh and Ms. Nandita Rao,
ASC (Crl.) for the State with SI
Ramchandra Nehra, PS Sadar Bazar.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 15.03.2023 CRL.M.A. 6680/2023 (Exemption)
1. Exemption is allowed subject to all just exceptions.
2. Application is disposed of.
W.P.(CRL) 724/2023
1. This petition has been filed seeking extension of parole for the petitioner for a period of eight weeks which was granted vide order dated 28.02.2023 in FIR No.279/1992 under Sections 302/307/34 IPC, PS Sadar Bazar. First, on 16.01.2023 this Court had noted that the contention of the Ld. APP that in view of the gravity of the offences the parole may not be granted. However, on account of the fact that the nominal roll shows that the petitioner has been in judicial custody for a period of about 33 years (including remission), parole was granted for a period of three weeks on Signature Not Verified Digitally Signed By:ANISH DAYAL account of the surgery of the wife, who was suffering from renal ailment. This parole was extended further on 09.02.2023 for a period of ten days. Accordingly, the petitioner surrendered on 20.02.023. However, on 28.02.2023, on account of the continued medical condition of the wife of the petitioner, which was verified from the concerned hospital, this Court again granted parole to the petitioner for a period of two weeks, which is now expiring on 16.03.2023.
2. The learned counsel for the petitioner draws attention to the prescription of EDEN Hospital dated 11.03.2023 which shows that though the surgery has been done, the wife was still admitted in the hospital due to heavy bleeding, hypertension and diabetes and needs blood transfusion and CT scan.
3. There is also a biopsy to be performed to rule out the possibility of cancer. In order that the petitioner is able to attend to his wife in the hospital for the post operative care and procedures, the extension of parole has been sought.
4. Ld. ASC for the State has objected to the grant of parole considering that the petitioner was convicted for the offences under Section 302 IPC as well as under the provisions of TADA. However, in view of the medical condition of the wife and taking a humanitarian view as also the long custody of the petitioner, the extension of two weeks of parole is being granted to the petitioner on the same terms and conditions as in the order dated 28.02.2023. It is being made clear that no further extension will be granted since the petitioner has already sought parole since 16.01.2023, and repeated extension of parole has been granted on this ground.
5. The petition is disposed of.
Signature Not Verified Digitally Signed By:ANISH DAYAL6. Copy of the order be given dasti under the signature of the Court Master.
7. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 15, 2023/kct Signature Not Verified Digitally Signed By:ANISH DAYAL