Ajay Kumar v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1174/2016 AJAY KUMAR ..... Petitioner Through:

Mr. Ankur Sood, Advocate versus STATE ..... Respondent Through:

Ms. Kamna Vohra, ASC a/w SI Ashok Kumar, Narcotic Cell

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 19.07.2016 The petitioner has preferred the present petition to seek parole for a period of three months on the ground that he wishes to file a Special Leave Petition before the Supreme Court. The petitioner has been convicted under Section 21 of the NDPS Act and sentenced to 12 years rigorous imprisonment with fine of Rs.3 lacs and in default of payment of fine, to undergo further one year rigorous imprisonment. The nominal roll placed on record shows that the petitioner has been subjected to punishment while in jail on 23.07.2015 and 11.08.2015. His jail conduct has been reported to be unsatisfactory and instances of his misconduct in jail has been placed on record as Annexure-A which shows

that there are 21 instances of misconduct found against him. He has been found to be carrying surgical blade on repeated occasions and has inflicted injuries upon himself. Prohibited articles have also been recovered from him.

Learned ASC points out that the petitioner is also involved in another case of murder inside the jail, while serving the sentence, which has been registered as FIR No.526/2015.

In these circumstances, in my view, the petitioner is not entitled to parole as it is likely that he may jump the parole or commit further offences while on parole.

So far his desire to file Special Leave Petition is concerned, the same can be fulfilled by filing the same through jail itself. The petitioner shall be granted legal aid for the said purpose.

Dismissed.

VIPIN SANGHI, J JULY 19, 2016 sr