Praveen Kumar @ Kanhaiya v. State (Govt Of NCT Delhi)

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (CRL.) 885/2017 PRAVEEN KUMAR @ KANHAIYA ..... Petitioner Through :

Mr.Dhan Mohan, Advocate with Ms.Tanu B.Mishra & Mr.Sarthak Maggon, Advocates.

versus THE STATE (GOVT. OF NCT, DELHI) ..... Respondent Through :

Mr.Jamal Akhtar, Proxy counsel.

SI Veer Singh, PS Sagarpur.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.03.2017 CRL.M.A.No.4887/2017 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (CRL.) 885/2017 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 one month due to death of his father.

2.

I have heard the learned counsel for the parties and have examined the file. The petitioner was convicted under Section 376 IPC and was sentenced to undergo RI for seven years with fine `5,000/-.

W.P. (CRL.) 885/2017

3.

It is informed that the petitioner's father had expired on 14.03.2017 and he was given custody parole to attend the cremation. 4.

The petitioner has already undergone more than six years incarceration besides remission. He was earlier granted parole vide order dated 19.10.2015 and there are no allegations of its misuse. 5.

In the interest of justice and to enable the petitioner to perform last rites of his departed father, he is granted fifteen days parole from the date of release, on furnishing personal bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate. After completion of parole period, the petitioner shall surrender before the Jail Superintendent. 6.

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

Copy of the order be given 'dasti' under the signatures of the Court Master.

S.P.GARG, J MARCH 22, 2017 / tr W.P. (CRL.) 885/2017