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High Court of DelhiW.P.(CRL)/424/2016

Dharmender Kumar Paswan v. State

2016-03-01Hon'Ble Mr. Justice Siddharth Mridul2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 424/2016 DHARMENDER KUMAR PASWAN ..... Petitioner Through Mr. Nitish Chaudhary for Mr. Chetan Lokur, Advocate versus STATE ..... Respondent Through Mr. Avi Singh, ASC (Crl.) with Mr. Ananya Mohan, Advocate Insp. Youdhbir Singh, P.S Okhla Industrial Area

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 01.03.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking a direction to the respondent to release the petitioner on parole for three months in order to enable him to engage a private counsel to file an SLP before the Hon'ble Supreme Court of India as well as to re-connect social ties with the family and society. Insofar as ground relating to institution of an SLP before the Supreme Court is concerned, the same is not available to the petitioner in view of the order passed by a coordinate Bench of this Court on 19th January, 2015 in Writ Petition (Crl.) No. 2573/2014 titled Dharmender Kumar Paswan vs. State whereby a similar direction on identical grounds was negated.

Insofar as the other ground is concerned, it is observed that it is an admitted position that the petitioner does not propose to reside at the address furnished by him to the competent authority i.e. Village Bhadwa, Post Itasang, Police Station Rahuee, District Nalanda, Bihar.

In view of the foregoing, the present writ petition is devoid of merit and is accordingly dismissed.

However, liberty is reserved to the petitioner herein to apply afresh to the competent authority for parole by furnishing the correct address of the premises where he proposes to stay in the event he is released on parole in order to reestablish social and family ties. SIDDHARTH MRIDUL, J MARCH 01, 2016 sd