Bijdender v. State

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 791/2019 BIJDENDER ..... Petitioner Represented by:

Mr.Krishan Kumar, Advocate versus STATE ..... Respondent Represented by:

Ms.Richa Kapoor, ASC for the State with Ms.Amita Sachdeva, Advocate for the State

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.03.2019 1.

By this petition, the petitioner seeks parole and also challenges the communication dated 19th December, 2018 whereby his application seeking parole on the ground that he has to re-pay the loan amount and get repair his house was dismissed.

2.

Notice.

3.

Learned Additional Standing Counsel for the State accepts notice. 4.

A status report has been handed over which is taken on record. 5.

As per the status report, though the claim of petitioner is that some construction was carried out however on spot inspection, no construction was found to be carried out.

6.

A perusal of the nominal roll further reveals that after the rejection of the application seeking parole, the petitioner was released on furlough for a W.P.(CRL) 791/2019

period of two weeks with effect from 12th January, 2019 to 26th January, 2019.

7.

Considering the fact that the petitioner has already availed the benefit of furlough after the rejection of application seeking parole and could have utilised the said time for performing the activities as sought for, this Court finds no ground to grant parole to the petitioner or set aside the impugned order.

8.

Petition is dismissed.

9.

Copy of this order be communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

MARCH 18, 2019 mamta W.P.(CRL) 791/2019