Delhi High Court - Orders
Vijay Singh Alias Vijay Pehlwan vs State Of Nct Of Delhi on 11 June, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1558/2025
VIJAY SINGH ALIAS VIJAY PEHLWAN .....Petitioner
Through: Mr. Mohit Mathur & Mr. Sandeep
Sharma, Sr. Advs. with Mr. Harsh
Gautam, Mr. Sehaj, Mr. Keshav
Singh, Mr. Bhanu Pratap Singh, Mr.
Sanjay Rathi, Mr. Kapil Giri, Ms.
Ishika Aggarwal & Ms. Swati, Advs.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Rahul Tyagi, ASC for State with
Insp. Kishore Kumar, PS V.K. North.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 11.06.2025
1. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the Petitioner seeks an extension of his parole in FIR No. 127/2011 under Section 364/302/365/201/34 of the Indian Penal Code, 1860 ('IPC') for a period of three months to allow him to get the essential spine surgery for removing the embedded bullets between L4 and L5 vertebra.
2. The Petitioner was arrested on 20.06.2011 and was remanded to police custody for a period of seven days. The Petitioner was convicted 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 24/06/2025 at 12:28:17 under Section 302/364/365/201/34 of the IPC and sentenced to undergo Rigorous Imprisonment for Life. The order of conviction was upheld by this Court on 19.02.2025 in Criminal Appeal No. 188/2024.
3. The Petitioner filed W.P.(CRL) 1005/2025 before this Court, seeking to be released on parole on the ground that he is able to attend his son's marriage and fulfil his obligations to his family and also to enable him to file a Special Leave Petition before the Supreme Court against his conviction. Vide order dated 09.04.2025, the Petitioner was granted a four week parole after verifying the fact of his son's marriage.
4. While the Petitioner was on parole on account of severe pain in his lower back, he was brought to the Fortis Hospital, Vasant Kunj, Delhi, wherein he was advised to undergo surgery for removal of two bullets in his spine as only thereafter, his MRI can be conducted for treatment of the pain in the lower back.
5. Accordingly, the Petitioner filed the present petition seeking an extension of parole to enable him to get the requisite medical treatment. The CT Scan of his spine conducted on 06.05.2025 shows an ailment at L4 and L5 vertebra, as well as hernia. The surgery date for retrieval of bullets was scheduled for 20.05.2025 and only after the bullets are removed, the treatment for lower back pain, hernia etc., could be undertaken after conducting MRI. Accordingly, the parole has been sought for a period of three months.
6. The present writ petition was listed on 09.05.2025 before this Court and the learned Additional Standing Counsel ('ASC') appearing on behalf of the State was granted time to verify the documents and file a status report. The parole of the Petitioner, which was ending on 13.05.2025, was extended 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 24/06/2025 at 12:28:17 till 15.05.2025. The medical records of the Petitioner were verified by the State and vide order dated 14.05.2025, the parole of the Petitioner was extended until 29.05.2025, enabling the Petitioner to undertake the surgery scheduled for 20.05.2025. Additionally, this Court directed the Petitioner to submit the updated medical records.
7. At the hearing dated 29.05.2025, it was submitted by the learned counsel for the Petitioner that on account of the Petitioner suffering from typhoid, the surgery scheduled for 20.05.2025 could not be performed and perusal of the medical records showed that the Petitioner was prescribed medication for two weeks on 22.05.2025 and the surgery has been scheduled for 06.06.2025, advising the Petitioner to get admitted in the hospital on 04.06.2025. In view of the circumstances, the parole of the Petitioner was extended until 09.06.2025.
8. On 09.06.2025, it was submitted by the learned counsel for the Petitioner that the surgery scheduled on 06.06.2025 for removal of bullets from the spine of the Petitioner could not take place due to the Petitioner suffering from hernia and further submitted that hernia surgery for the Petitioner was carried out on 09.06.2025. The learned ASC was directed to file a fresh status report on 10.06.2025 to verify the medical records submitted by the Petitioner.
9. Mr. Rahul Tyagi, the learned ASC appearing for the State has submitted a copy of the Status Report. The Status Report is taken on record.
10. The Status Report shows that the medical records submitted by the Petitioner are genuine and the Petitioner was admitted on 08.06.2025 in emergency and underwent Laparoscopic Bilateral Inguinal Hernioplasty 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 24/06/2025 at 12:28:17 under general anaesthesia on 09.06.2025 and is currently admitted in Fortis Hospital, Vasant Kunj, Delhi.
11. The Status Report further records the statement of the Senior Director & Head, Fortis Hospital, Vasant Kunj, that a patient undergoing Laparoscopic Bilateral Inguinal Hernioplasty requires about six weeks to recover. As the patient is hypersensitive and diabetic, he would need to be monitored for his recovery in an uncontaminated and clean area. Further, he stated that the bullet removal surgery can take place only after six to eight weeks provided the recovery of the Petitioner is adequate. Preferably, the next surgery should take place after 09.08.2025.
12. The Status Report further verifies that in compliance with the directions/orders of the Division Bench of this Court, vide order dated 27.09.2024 in CRL. A. 188/2024, security has been provided to the Complainant.
13. In view of the above, considering the Status Report and the medical documents, the parole of the Petitioner is extended till 21.07.2025, on the same terms and conditions as mentioned in the Order dated 09.04.2025 in W.P.(CRL) 1005/2025.
14. In case, the Petitioner is to visit a doctor and/or leave his home for any medical checkups and/or for any other such exigencies, the Petitioner shall apprise the local S.H.O., P.S. Vasant Kunj North, New Delhi by giving prior intimation.
15. The updated medical records of the Petitioner shall be filed by 15.07.2025 with an advance copy to the learned ASC so that the updated Status Report can be filed 2 (two) days prior to the next date of hearing.
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 24/06/2025 at 12:28:17
16. The security arrangement which has been provided to the Complainant shall be continued till the Petitioner is on parole.
17. List before the Roster Bench on 21.07.2025.
TEJAS KARIA, J (VACATION JUDGE) JUNE 11, 2025 ck Click here to check corrigendum, if any 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 24/06/2025 at 12:28:17