Ranjeet @ Bihari v. State
$~62 & 63 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 586/2020 RANJEET @ BIHARI ..... Petitioner Through Mr Akram Khan, Advocate.
versus STATE ..... Respondent Through Ms Kamna Vohra, ASC for State.
SI Dharmendra Pratap Singh, P.S. Begumpur, Delhi.
AND $~63 + W.P.(CRL) 587/2020 RANJEET @ BIHARI ..... Petitioner Through Mr Akram Khan, Advocate.
versus STATE ..... Respondent Through Ms Kamna Vohra, ASC for State.
SI Amit Kumar, Special Cell of MDR.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 03.03.2020 CRL.M.A. 4471/2020 in W.P.(CRL) 586/2020 CRL.M.A. 4472/2020 in W.P.(CRL) 587/2020 1.
Allowed, subject to all just exceptions.
2.
The applications are disposed of.
W.P.(CRL) 586/2020 W.P.(CRL) 587/2020 3.
The petitioner has filed the present petition, inter alia, seeking parole to take care of his ailing wife. It has been verified that the petitioner's wife was admitted to hospital on 25.02.2020.
4.
The petitioner has been sentenced in two cases. One related to FIR No. 107/2011 under Sections 392/397/411/482/34 of the IPC registered with P.S. Begam Pur and the other related to FIR No. 83/2011 under Sections 342/395/397/506(ii)/412/34 of the IPC registered with P.S. Special Cell, New Delhi.
5.
The nominal rolls have been handed over, which indicate that the petitioner is required to serve a further period of five months and six days in case connected with FIR No. 107/2011 under Sections 392/397/411/482/34 of the IPC. In this case, the petitioner was sentenced to serve Rigorous imprisonment for a period of ten years and he has been in custody for eight years, two months and twelve days as on 02.03.2020. During this period, he has earned remission of one year, four months and twelve days. 6.
In connection with FIR No.
83/2011 under Sections 342/395/397/506(ii)/412/34 IPC, the petitioner was convicted and sentenced to serve a rigorous imprisonment for a period of seven years. He has already spent six years, six months and nine days in judicial custody and he is now required to serve a further period of five months and twenty-one days in custody. However, this period of sentence will start after the petitioner completes his sentence in FIR No. 107/2011. Thus, in all, the petitioner is now required to serve a further period of ten months and twenty-seven days
as on 02.03.2020.
7.
In view of the above, it is clear that the petitioner has served a substantial portion of the sentence awarded to him. And, also considering the fact that the petitioner's wife is admitted to hospital, this Court considers it apposite to direct the respondents to release the petitioner on parole for a period of three weeks from the date of his release on his furnishing a personal bond in the sum of ₹10,000/- with one surety of the equivalent amount to the satisfaction of the concerned Trial Court. It is so directed. 8.
The petitioner shall provide his contact number and ensure that he is reachable at all times. On being released, the petitioner shall proceed directly to Sitapur, Uttar Pradesh and shall remain there till his return. He shall surrender immediately on his return at Central Jail No.4, Tihar, New Delhi, on completion of his parole period.
9.
The petitions are allowed in the aforesaid terms. 10.
Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MARCH 03, 2020 pkv