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High Court of DelhiW.P.(CRL)/706/2018

Ghanshyam @ Javed v. The State Govt Of NCT Of Delhi

2018-05-02Hon'Ble Mr. Justice S.P.Garg2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 706/2018 GHANSHYAM @ JAVED ..... Petitioner Through :

Mr.Sunil K.Kalra, Advocate.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through :

Mr.Rajesh Mahajan, ASC.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 02.05.2018 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 three months. Status report is on record.

2.

I have heard the learned counsel for the parties and have examined the file. Learned ASC for the State informs that the address of the petitioner has been verified and confirmed. 3.

Nominal Roll dated 26.04.2018 reveals that the petitioner was convicted for various offences including Section 302 IPC and was sentenced to undergo rigorous imprisonment for life with fine. W.P.(CRL) 706/2018

Crl.A.No.885/2005 was dismissed by this Court on 01.09.2009. As per Nominal Roll, the petitioner has undergone fifteen years, nine month and five days incarceration besides remission for one year, nine months and twenty one days as on 24.04.2018. Earlier he was granted parole for 21 days w.e.f. 21.03.2011 to 04.05.2011 by this Court.

He surrendered on 5.5.2011 after a delay of one day. The petitioner is involved in three other FIRs and the sentence awarded to him therein has been served. The petitioner has been given various punishments from time to time and his overall conduct in jail is not satisfactory.

4.

Counsel urges that the petitioner shall improve his conduct and would not indulge in any such activity in future inviting punishment. He further states that since 2011, the petitioner has not been granted any parole/furlough.

5.

Considering the facts and circumstances of the case, the period already undergone by the petitioner and for the reasons mentioned in the petition, he is granted three weeks parole from the date of his release, on his furnishing personal bond in the sum of `40,000/- 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.

6.

Writ petition stands disposed of in the above terms. 7.

Order dasti.

S.P.GARG, J MAY 02, 2018 / sa