Sunil v. The State (Govt Of NCT, Delhi)

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 653/2016 and Crl. MA No. 3609/2016 SUNIL .... Petitioner Through Mr. Dhan Mohan and Ms. Tanu B.

Mishra, Advocates versus THE STATE (GOVT OF NCT, DELHI) ..... Respondent Through Mr. Aditya Swarup Agarwal for Mr.

Rahul Mehra, Standing Counsel (Crl.) SI Gaurav Kumar, PS Jahangir Puri

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 29.02.2016 CRL.M.A. No. 3609/2016 (Exemption) Exemptions allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 653/2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying for a direction to the official respondent to release the petitioner on parole in order to enable him to take care of his pregnant wife. Counsel for the petitioner states that the petitioner applied to the Competent Authority of the respondent for grant of parole by way of his application dated 6th January, 2016. The said application has not been decided by the Competent Authority so far.

Notice.

Mr. Aditya Swarup Agrawal appearing on behalf of Mr. Rahul Mehra, learned Standing Counsel (Criminal) accepts notice on behalf of the official

respondent and states that in view of the exigency expressed in the present writ petition, the representation filed on behalf of the petitioner seeking parole, which is pending consideration before the competent authority, shall be determined in accordance with law, within a period of five working days from today, under intimation to the petitioner.

Ordered accordingly.

In view of the foregoing, counsel appearing on behalf of the petitioner seeks leave to withdraw this petition at this stage with liberty to approach this Court afresh in the event he is aggrieved by the order passed by the competent authority.

Leave and liberty granted.

The petition is dismissed as withdrawn and disposed of accordingly. A copy of this order be sent to the Jail Superintendent for necessary information and compliance.

SIDDHARTH MRIDUL, J FEBRUARY 29, 2016 sd