Jitender Kumar v. State

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2744/2019 and CRL.M.A. 36777/2019 JITENDER KUMAR ..... Petitioner Through:

Ms Anjali Gupta, Advocate.

versus STATE ..... Respondent Through:

Mr Piyush Singhal, Advocate.

SI Dharmendra Kumar, PS Tilak Marg.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.09.2019 1.

The petitioner has filed the present petition, inter alia, praying that the petitioner be released on parole for a period of three months in order to attend to his mother. The petitioner claims that his mother is required to undergo a knee surgery and, therefore, he is required to attend to her. 2.

By an order dated 17.09.2019, the petitioner's request for parole has been rejected in the light of Rule 1210 (V) of Delhi Prison Rules, 2018, which requires that at least a minimum period of six months ought to have elapsed from the date of surrender upon conclusion of the previous parole granted to the inmate. In the present case, the petitioner has availed of parole with effect from 25.06.2019 to 09.07.2019 and six months has not elapsed as yet.

3.

It is not disputed that the petitioner also has a brother and a sister, who are fully competent to look after her mother. The petitioner states that

they cannot be relied upon because they are living separately. This Court finds no merit in the said contention.

4.

This Court finds no extraordinary circumstances which would require the petitioner to be released on parole, notwithstanding that the mandatory period of six months from the conclusion of the period of previous parole is not over.

5.

This Court finds no infirmity with the order dated 17.09.2019. 6.

The petition and the application are, accordingly, dismissed. VIBHU BAKHRU, J SEPTEMBER 24, 2019 RK