Manjeet Singh v. State NCT Of Delhi

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1433/2018 MANJEET SINGH ... Petitioner Represented by:

Mr.Jatin Rajput with Mr.Himanshu Jain, Advocates versus STATE NCT OF DELHI ... Respondent Represented by:

Mr.Sanjay Lao, ASC for the State with SI Narender, PS Kanjhawla

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.05.2018 By this petition the petitioner seeks extension of parole granted to him by this Court vide order dated 3rd April, 2018 in the WP(Crl.)No.679/2018 on the ground that his father passed away on 30th April, 2018 and thus he is required to attend the last rites and to settle the family emotionally and financially.

On a notice being issued a Status Report has been filed. As per the Status Report the factum of death of the father of the petitioner has been verified who died on 30th April, 2018 after prolonged illness. Pursuant to the order dated 3rd April, 2018 the petitioner was released on parole for a period of four weeks on 7th April, 2018. Thus, the petitioner was required to surrender on 6th May, 2018. However, the petitioner has not surrendered as yet. When this petition came up before this Court on 9th W.P.(CRL) 1433/2018

May, 2018 this Court posed this query to learned counsel for the petitioner that no extension of time of parole having been sought and granted, the petitioner ought to have surrendered to custody otherwise the same would be a violation of the terms of grant of parole.

An affidavit has been filed by learned counsel for the petitioner as per which the petitioner had approached the learned counsel on 3rd May, 2018 seeking extension of parole as his father died on 30th April, 2018. The petitioner met him during lunch time in his office as he was busy in Court proceedings. After taking instructions from the petitioner, he instructed his junior colleague to draft the petition as he was going out of station on Saturday and Sunday. For this reason the petition could be filed only on 8th May, 2018 and was listed before this Court on 9th May, 2018. Considering the fact that the delay was on account of the learned counsel who filed the petition belatedly and that the factum of death of father of the petitioner has been verified, this Court deems it fit to extend the parole granted to him. The parole of the petitioner is thus extended for a further period of four weeks from 6th May, 2018 on the same terms as imposed vide order dated April 03, 2018 passed in WP(Crl.)No.679/2018. Petition is disposed of.

Order Dasti.

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

MUKTA GUPTA, J.

MAY 10, 2018 'rk'

W.P.(CRL) 1433/2018