Shiva @ Uwan v. State

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2062/2018 SHIVA @ UWAN ... Petitioner Represented by:

Mr.Rakhi Dubey, Advocate versus STATE ... Respondent Represented by:

Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel for the State with SI Ajay Singh, PS Pahar Ganj

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.08.2018 By this petition the petitioner seeks parole on the ground that he has to file SLP and maintain social ties and also challenges communication dated 1st March, 2018 rejecting the application of the petitioner seeking parole on the grounds noted above.

Petitioner is undergoing sentence in case FIR No.189/2010 under Sections 452/323/324/307/302/201/34 IPC after the petitioner completed sentence on 16th September, 2013 in FIR No.121/2009 registered at PS Pahar Ganj under Section 307 IPC. As per the Nominal Roll the jail conduct of the petitioner is unsatisfactory, the last punishments being on 12th June, 2018 and 22nd June, 2018.

W.P.(CRL) 2062/2018

A Status Report has been filed. As per the Status Report besides the two above noted FIRs the petitioner is involved in 12 other cases ranging from Sections 322/324/379/326 IPC and Section 25 of the Arms Act etc. Petitioner along with his two brothers and one more co-accused is in custody in FIR No.189/2010. The brother of the petitioner Surjeet @ Bachcha, son of Niranjan was released on furlough by the competent authority and during the said period of furlough he involved himself in the murder of one Shankey for which FIR No.98/2018 under Section 307/302/34 IPC and Section 25 Arms Act was registered at PS Sadar Bazar. Considering the antecedents of the petitioner this Court finds no ground to grant parole to the petitioner. The petitioner can avail the remedy of legal aid from Tihar Jail to file the SLP. Petition is dismissed.

A copy of this order be communicated to the petitioner through Superintendant, Tihar Jail.

MUKTA GUPTA, J.

AUGUST 28, 2018 'rk'

W.P.(CRL) 2062/2018