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High Court of DelhiW.P.(CRL)/1852/2019

Vijay @ Santi v. State Of NCT Of Delhi

2020-01-22Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1852/2019 VIJAY @ SANTI ..... Petitioner Through:

Mr Hemant Gulati and Mr Himendra, Advocates.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr Amanpreet Singh, Advocate for Mr Rahul Mehra, SC for State with SI Shashi Kant, PS Geeta Colony, Delhi.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.01.2020 1.

The petitioner has filed the present petition, inter alia, praying that the petitioner may be granted parole for a period of six weeks. The petitioner had applied for parole on the ground that he desires to file a Special Leave Petition before the Supreme Court against the order of this Court dismissing his appeal (Crl.A.1321/2012, which was dismissed by an order dated 08.09.2014).

2.

The petitioner's application was rejected by an order dated 04.07.2019. The said order records that the petitioner had applied for parole on the ground "to take care of his mother whose kidney stone surgery was scheduled to be fixed for 29.01.2019." The said order also indicates two reasons for rejecting the application.

First, that his conduct in the jail is unsatisfactory on account of punishments imposed on him on 23.05.2018

and 25.05.2018; and second, that an FIR was filed against him under Sections 392/397/412/120B/34 IPC, registered with PS Khyala for an offence allegedly committed while he was availing furlough. 3.

It is now conceded that no punishment had been imposed on the petitioner on 23.05.2018 and 25.05.2018.

Further, the petitioner had not applied for parole on the ground that his mother's surgery was scheduled on 29.01.2019.

4.

It is, thus, apparent that the impugned order dated 04.07.2019 is ex facie erroneous. In the aforesaid view, the impugned order is set aside and the matter is remanded to the competent authority to consider afresh. The competent authority is directed to re-examine the petitioner's application in accordance with law and communicate its decision as expeditiously as possible and, preferably, within a period of four weeks from today. 5.

The petition is disposed of in the aforesaid terms. 6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 22, 2020 MK