Vijay Singh Alias Vijay Pehlwan vs State Of Nct Of Delhi on 11 June, 2025

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Vijay Singh Alias Vijay Pehlwan vs State Of Nct Of Delhi on 11 June, 2025

                          $~SB-23
                          *         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

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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

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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

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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



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