Kiran v. State

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 335/2018 KIRAN ..... Petitioner Through :

Mr.Jatin Rajput, Advocate.

versus STATE ..... Respondent Through :

Ms.Srilina Roy, proxy counsel for Ms.Nandita Rao, ASC with ASI Satbir.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 01.02.2018 CRL.M.A.No. 1950/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 335/2018 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for seeking parole for a period of three months to take care of her daughter-in-law who is HIV positive.

The petitioner also intends to get her grand-children admitted in school. 2.

Learned proxy counsel for the State informs that the petitioner has not placed on record any document to show if her daughter-in-law is suffering from any physical ailment or the children are to be got admitted.

3.

Nominal Roll dated 23.01.2018 reveals that the petitioner was convicted under Section 21 NDPS Act and was sentenced to undergo RI for ten years with fine `1,00,000/-. Crl.A.858/2013 was dismissed by this Court on 14.10.2015. Nominal Roll further reveals that the petitioner was granted parole for two weeks by the competent authority and she was released on 21.06.2017; she surrendered on 06.07.2017.

4.

Since the petitioner was granted parole only in June, 2017 and before that in January, 2017 and April, 2017 her further request without any sufficient cause cannot be acceded to. The parole should not be a regular and continuous feature.

The writ petition is unmerited and is dismissed.

S.P.GARG, J FEBRUARY 01, 2018 / tr