Sandeep @ Samman v. State

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 610/2018 SANDEEP @ SAMMAN ..... Petitioner Represented by:

Mr.Kunal Malhotra, Advocate versus STATE .....

Respondent Represented by:

Mr.Ashish Agarwal, ASC with Mr.Piyush Singhal, Advocate

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.04.2018 By this petition, the petitioner seeks parole and also challenges the communication dated 5th December, 2017 rejecting the application of the parole filed by the petitioner on the ground 'to search a suitable life partner for himself and to re-establish social ties with the family and society'. The grounds on which the Competent Authority rejected the parole was that the co-convict is absconding since 26th November, 2014 and another co-convict jumped the parole since 21st February, 2015. Further one of the co-accused who jumped the parole has murdered the witness during the grant of parole. The Competent Authority also noted that three weeks' furlough had recently been granted to the petitioner. This Court finds that there are no compelling or emergent reasons for grant of parole. As per the nominal roll, the petitioner was granted furlough W.P. (CRL) 610/2018

twice in the year 2017 when the petitioner could have re-established social ties and also could have made efforts to find a suitable match for him. Be that as it may, on the basis of the facts noted, the communication dated 5th December, 2017 of the Competent Authority exercising discretionary power to reject grant of parole cannot be said to be unwarranted or illegal. This Court finds no ground to interfere with the communication dated 5th December, 2017.

Petition is dismissed.

Copy of this order be communicated to the petitioner through Superintendent, Central Jail No.14, Mandoli.

MUKTA GUPTA, J.

APRIL 16, 2018 mamta W.P. (CRL) 610/2018