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SWARANA KANATA SHARMA, J (ORAL)

1. The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioner seeking release of the petitioner on parole for two months on medical grounds.

2. Learned Counsel appearing on behalf of the petitioner submits that the petitioner in this case has been in judicial custody for case arising out of FIR bearing no. 291/2011, registered at Police Station Tilak Nagar, New Delhi for offences punishable under Sections 302/392/397/411/120B/34 of IPC. Learned Counsel for the petitioner submits that the petitioner is suffering from Umbilical Hernia, UTI, difficult in urinating and has to undergo immediate surgery for removal of the hernia as he is facing constant pain on account of the same. It is stated that the petitioner was convicted for life and has completed 12 years in actual custody. The conviction awarded to the petitioner has been upheld by this Court on 28.03.2023. The petitioner has been suffering from acute pain from past three months and has, difficulty in urinating. He even suffered UTI and was detected with umbilical hernia for which he has recently been advised to undergo surgery by the doctors at DDU hospital. It is submitted that the entire treatment record of the petitioner from the jail shows that his medical condition has worsened over a period of time with no signs of improvement.

3. Learned Counsel for the petitioner further submits that the petitioner was being provided treatment inside the jail. However, there has been no improvement in his medical condition rather the pain has severely increased. It is further stated that the petitioner was advised for an ultrasound on 16.06.2023 by Deen Dayal Upadhyay Hospital, Hari Nagar which was conducted on 02.08.2023, after a substantial delay of two months. It is stated that the petitioner was thus diagnosed with Umbilical Hernia and the medical reports further confirm a 2.8 cm defect in umbilicus and the same needs to be removed through surgery as the pain is getting unbearable.

As per urine examination conducted on 27/06/2023, there were 80-100 RBC/HPF (?obstructive uropathy) whereas CECT whole abdomen conducted on 02/08/2023 was suggestive of umbilical hernia as an accidental finding.
Thereafter on 18/09/2023, inmate patient was advised for surgery workup at department of surgery, DDU Hospital; for surgical correction of umbilical hernia.
At present inmate patient is suffering from ?UTI/kidney stone/dysuria along with umbilical hernia and receiving treatment from department of surgery DDU Hospital and department of urology, Safdarjung Hospital, whereas he has been advised for surgery for umbilical hernia at DDU Hospital but its fitness is pending due to urology clearance, which in turn depends on the outcome of USG KUB report, further he is a known case of bronchial asthma, for which he was under treatment with jail visiting medicine SR, deranged CBC, for which he is under evaluation from department of medicine DDU Hospital.