Rajinder @ Jinder v. State

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1508/2019 RAJINDER @ JINDER ..... Petitioner Through:

Mr Sulaiman Mohd. Khan, Advocate (DHLSC) with Mr Mohit Rastogi, Advocate.

versus STATE ..... Respondent Through:

Ms Nandita Rao, ASC for State.

ASI Mahesh Kumar, PS Mangol Puri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.09.2019 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 04.04.2019, whereby the petitioner's application for parole has been rejected.

2.

A plain reading of the said order indicates that the petitioner's application was rejected on the ground that he has been awarded a minor punishment of stoppage of mulaqat and phone facility, as he was found to be in possession of certain currency. Admittedly, the punishment awarded was minor.

3.

In terms of Sub Rule (ii) of Rule 1210 of the Delhi Prison Rules, 2018, a convict is not entitled for parole within a period of one year of being awarded a minor punishment. In this case, it is admitted that the punishment awarded to the petitioner is minor. Although one year had not lapsed when the petitioner's application for parole was considered; the said period is now

over. Consequently, the punishment imposed on the petitioner on 29.06.2018 does not come in his way to seek parole. 4.

In view of the above, the present petition is disposed of by directing the competent authority to consider the present petition as his application for parole, and to decide the same within a period of two weeks from today. VIBHU BAKHRU, J SEPTEMBER 19, 2019 RK