Tahir Ahmed v. State

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1042/2018 TAHIR AHMED .. Petitioner Represented by:

Mr.Kanwar Kochhar with Mr.Sumit Choudhary, Advocates versus STATE ... Respondent Represented by:

Mr.Ashish Aggarwal, ASC with ASI Ram Niwas, PS Ashok Vihar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.04.2018 By this petition, the petitioner seeks parole on the ground that he has to provide medical treatment to his ailing mother, arrange funds for his children and to maintain social ties.

The appeal of the petitioner was disposed of on 4th July, 2017 and the sentence of rigorous imprisonment for 31⁄2 years was modified to rigorous imprisonment for a period of 2 years. Petitioner is in custody now from 14th November, 2017 after the appeal was dismissed on 4th July, 2017. Thus, the petitioner has spent around 51⁄2 months only in prison and at this stage, it cannot be said that he is entitled to parole for maintaining social ties. Further, as per the Status Report, the mother of the petitioner is residing with the elder brother of the petitioner at F-319, SS Nagar, WPIA, Delhi, who is W.P.(CRL) 1042/2018

looking after her. Family of the petitioner comprising of his wife and four children is residing at village and PS Chandpur, Distt. Bijnor, U.P. Since the petitioner had sufficient time before the surrender, after his appeal was dismissed, this Court finds no ground to grant parole to the petitioner for arranging funds for the children as well. Petition is dismissed.

A copy of this order be communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

APRIL 27, 2018 'rk'

W.P.(CRL) 1042/2018