Sanjay @ Handa v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 923/2020 SANJAY @ HANDA ..... Petitioner Through : Mr.Anwesh Madhukar and Ms.Prachi Nirwan, Advocates.

versus STATE ..... Respondent Through : Mr.Chaitnaya Gosain, Advocate for the State.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 16.06.2020 1.

The hearing has been conducted through Video Conferencing. Crl.M.A.No.7690/2020 2.

Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

3.

The application stands disposed of.

Crl.M.A.No.7689/2020

4. Exemption allowed, subject to all just exceptions.

5. The application stands disposed of.

W.P.(CRL) 923/2020 6.

This writ petition is filed by petitioner for seeking eight weeks extension of parole granted to him till 15.06.2020 by this Court in W.P.(Crl) No.820/2020 per order dated 22.05.2020. The petitioner is now required to surrender.

7.

The learned counsel for the petitioner urges the petitioner may

be granted the benefit of circular dated 22.05.2020 issued by the Home Department, GNCT of Delhi, which interalia notes:- "Now, therefore in exercise of powers conferred under Rule 1212 A (as amended vide Notification No. F.No.18/191/2015- HG164962 dated 20.05.2020) of the Delhi Prisons Rule 2018, the Hon'ble Minister (Home), Govt. of Delhi has decided to extend the emergency parole by a period of another eight weeks, to all such convicts who were earlier released on emergency parole on or before 30th April 2020. The Hon'ble Minister has further decided that the extended period of emergency parole would count towards the sentence of the convict."

8.

The applicant wants to take benefit of the above circular to extend the parole for another eight weeks. However, as the circular dated 22.05.2020 essentially is qua emergency parole, and the learned counsel for petitioner says the petitioner shall move an application to seek benefit of above circular dated 22.05.2020 before the Jail authorities. If he so applies, such request may be decided by the Jail authorities within a week from the date of receipt of such request of the petitioner.

9.

The writ petition stands disposed of in above terms. 10.

Copy of this order be sent electronically to the Jail Superintendent/learned Trial Court for information and compliance. YOGESH KHANNA, J.

JUNE 16, 2020 DU/M