The Delhi High Court’s significant judgment in the case involving Original Name and the Jail Superintendent emphasizes the necessity of evaluating medical reports and family conditions while reviewing parole applications. The decision marks a pivotal moment in ensuring fair treatment and consideration for individuals facing such circumstances in the legal system.
Facts
- FAF stated that conditions recommended for the release of Original Name on parole were not followed by the Jail Superintendent.
- It was further argued that the authorities did not consider the reports submitted by Original Name’s treating doctors.
- The Advocate for Original Name also mentioned that the denial of parole was not based on valid grounds as Original Name’s mother was unwell and in need of care.
- The Court observed that the denial of parole without considering the medical reports and family circumstances of Original Name was not justified.
- The Court directed the Jail Superintendent to reconsider the application for parole in light of the medical reports and family circumstances of Original Name.
Arguments
- Petitioner’s plea was rejected due to the major punishments awarded on specific dates
- The petitioner was re-arrested while on emergency parole in a new case under the Arms Act
- The petitioner has been in judicial custody for almost 14 years without remission
- Tickets dated 16.06.2022 and 26.08.2022 have been assailed in another petition pending adjudication (W.P.(CRL.) 541/2024)
- Petitioner and his wife have two minor children with no one else to care for the wife
- Wife recently met with an accident leading to fractures and multiple injuries
- Health of the wife deteriorating day by day
Decision
- The period of parole shall be counted from the day when the petitioner is released from jail.
- The petitioner shall provide a personal bond of Rs.10,000 with one surety to the Jail Superintendent.
- The petitioner must surrender before the Jail Superintendent immediately upon the expiry of the parole period.
- The petitioner is required to report to the SHO of the local area once a week on Sundays between 10:00 AM to 11:00 AM.
- The petitioner must furnish an active and operational telephone/mobile number to the Jail Superintendent and SHO for contact.
- The petitioner should primarily stay at the mentioned address in Delhi and should not leave NCT of Delhi during parole.
Case Title: SUNIL NAYAK @ FUNDI Vs. STATE (NCT OF DELHI) (2024:DHC:4491)
Case Number: W.P.(CRL)-963/2024
