Rahish @ Ganja v. The State (Govt. Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2773/2019 RAHISH @ GANJA ..... Petitioner Through Mr Puneet Garg, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr Jamal Akhtar, Mr Anand, Mr Raul Mehra, Advocates for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.10.2019 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 connection with FIR No. 270/2010 under Sections 392/397/34 IPC, registered with P.S. Keshav Puram.

2.

The petitioner was sentenced to serve rigorous imprisonment for a period of seven years with a fine of ₹10,000/- and in default, to serve a further simple imprisonment for a period of one month. 3.

The nominal roll furnished by the jail authorities indicates that the petitioner has served three years, five months and thirteen days as on 17.10.2019. He was also incarcerated in another case (FIR No. 210/2010) and was sentenced to serve ten years and a fine of ₹10,000/- and in default of payment, to serve simple imprisonment for a period of one month. Admittedly, the petitioner has served his sentence in that case.

4.

The petitioner has applied for parole to take care of his ailing mother. The medical documents of his mother have been verified. 5.

Although, the petitioner was punished on 28.11.2018 and may not otherwise be entitled for grant of parole; considering the mitigating circumstances and the period already served, this Court considers it apposite to allow the petition.

6.

The respondent is directed to release the petitioner on parole for a period of two weeks from the date of his release on his furnishing a personal bond in the sum of ₹10,000/-, with one surety of the equivalent amount to the satisfaction of the Jail Superintendent. The petitioner shall not leave the National Capital Territory of Delhi. He shall provide his mobile number and ensure that the same is kept active through the aforesaid period. 7.

The petition is allowed in the aforesaid terms. 8.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J OCTOBER 23, 2019 pkv