Om Prakash v. State (Govt.Of NCT Delhi)& ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 641/2018 OM PRAKASH ..... Petitioner Through :

Mr.Anurag Jain with Ms.Ayushi Sharma, Advocates.

versus STATE (GOVT.OF NCT DELHI)& ANR ..... Respondents Through :

Ms.Kamna Vohra, ASC.

Mr.Ashutosh Ghade with Mr.Nikhil Goel, Advocates for CBI.

SI Amit Dutt, PS Lajpat Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 12.04.2018 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for seeking parole for a period of two months. Status report is on record.

2.

Nominal Roll dated 11.04.2018 reveals that the petitioner was sentenced to under to rigorous imprisonment for five years with fine `50,000/- under Section 120 B read with Section 403/409 IPC and rigorous imprisonment for one year with fine `50,000/- under Section W.P.(CRL) 641/2018

403 IPC which was modified by this Court in Crl.A.No.134/16 vide order dated 5.9.2017 to rigorous imprisonment for three years with fine 10,000/- under Section 120B read with Section 403/409 IPC. It further reflects that the petitioner has already undergone two years, one month and fourteen days incarceration besides remission for seven months and twenty six days as on 10.04.2018. The unexpired portion of sentence is only two months and twenty days. The petitioner is not involved in any other criminal case and is not a previous convict. His overall jail conduct is satisfactory. Earlier also he was granted parole. There are no allegations of its misuse. 3.

Status report reveals that the petitioner has suffered fracture and was operated in Sir Ganga Ram Hospital for hip replacement. 4.

In the interest of justice and for the reasons mentioned in the writ petition, the petitioner is granted three weeks parole from the date of his release, on his furnishing personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the Trial Court. After completion of parole period, the petitioner shall surrender before the Jail Superintendent.

5.

Writ petition stands disposed of in the above terms. S.P.GARG, J.

APRIL 12, 2018 /sa W.P.(CRL) 641/2018