High Court of DelhiW.P.(CRL)/187/2017

Anil Kumar @ Buta v. State (Govt. Of NCT Of Delhi)

2017-02-27Hon'Ble Mr. Justice Vipin Sanghi2 pages

. I Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

W-P-(CRL) 182/2017 W.P.(CRL) 187/2017 ANIL KUMAR @ BUTA ..... Petitioner Through: Mr. Dhan Mohan, Ms. ianu B.

Mishra & Mr. Sarthak Maggon, Advocates.

versus A& STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Mr. Rahul Mehra, ASC and MrJamal Akhtar, Advocate along with Sl S.K.

Gupta, PS- Subzi Mandi and Sl Jaibir, PS-Ali Pur, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI d,% ,n "'r n z IAL.Lu I / The aforesaid petitions have been preferred. by the petitioner to seek parole.

W.P. (Crl.) No. 182/2017 has been preferred to seek parole to be able to prefer a Special Leave Petition in case FIR No. 136/2002 under Section 302/ 34 IPC registered at PS - Ali Pur against dismissal of his appeal by this Court being Crl.Appeal No. 1416/2011 on 17.05.2013.

W.P. (Crl.) No. 187/2017 has been preferred by the petitioner to seek parole for a period of one month to be able to arrange funds, to attend to his 5-month pregnant wife and to re-establish social ties. The same relates to the conviction of the petitioner in case FIR 13 6/2002 and case FIR 118/2011 under Section 307 IPC registered at PS Sabzi Mandi. The nominal roll filed in W.P. (Crl.) No. 182/2017 shows that the petitioner has been released on furlough w.e.f. 21.02.2017 to 14.03.2017. Thus, the petitioner is free to attend his wife, make arrangement of funds and also to prefer a Special Leave Petition.

Learned counsel for the petitioner submits that the petitioner be released on parole to attend to his pregnant wife at the time when she is about to deliver the child, and soon thereafter. The petitioner's wife is due to deliver the child in the first week of April 2017. In view of the aforesaid, considering the fact that the petitioner has already been granted furlough for a period of three weeks, the petitions are disposed of with a direction to treat the present writ petitions as the petitioner's fresh application for release on parole. The State is directed to consider the said application for parole and to pass an order latest by 15.03.2017 and to communicate the same to the petitioner soon thereafter. The petitions stand disposed of in the aforesaid terms. Dasti.

Vil i FEBRUARY 27, 2017 B.S. Rohella