Samay Singh v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 298/2020 SAMAY SINGH ..... Petitioner Through:

Mr. Anurag Malik & Mr. Abhilash Duggal, Advocates

Versus

STATE & ANR.

..... Respondents Through:

Mr. Avi Singh, Additional Standing Counsel with Mr. Tanuj Bhadana, Advocate

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 10.02.2020 Petitioner is seeking parole for thirty days to attend the wedding ceremonies of his cousin (brother), which is fixed for 16th February, 2020. Petitioner is stated to be in custody since 1st December, 2018 in pursuance to his conviction vide order dated 1st December, 2018 passed by the learned trial court in complaint case under Section 138 of Negotiable Instruments Act, 1881.

Learned Additional Public Prosecutor for State has placed on record status report dated 10th February, 2020. He has vehemently opposed this petition while submitting that petitioner has been sentenced to undergo simple imprisonment of 18 months and to pay compensation of Rs.42,00,000/- with default clause for the offence in question and W.P.(CRL) 298/2020

therefore this petition deserves to be rejected. Heard.

Keeping in mind that the petitioner has been held guilty of committing offence under Section 138 of Negotiable Instruments Act, 1881 and that the amount of compensation of Rs.42,00,000/- is yet to be paid to the complainant, the petitioner cannot be allowed to have benefit of release on parole to attend wedding of his relative (cousin brother). The petition stands dismissed accordingly.

BRIJESH SETHI, J FEBRUARY 10, 2020 r W.P.(CRL) 298/2020