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High Court of DelhiLPA/364/2018

Yogesh Sharma @ Rahul Sharma v. The State (Gnct)

2018-07-16Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 364/2018 YOGESH SHARMA @ RAHUL SHARMA ..... Appellant Through:

Mr. Dhan Mohan, Ms. Harkamal Jeet Kaur, Ms. Tanu B. Mishra & Mr.

Ravi Mishra, Advocates versus THE STATE (GNCT) ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Chaitanya Gosain, Advocate

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.07.2018 CM No.27229/2018 Allowed, subject to all just exceptions.

The application is disposed of.

LPA No.364/2018 The nominal roll of the appellant would reveal that the appellant herein has been granted furlough and parole on 17 occasions. Since August, 2017, he has been on furlough and parole for varying period, on six occasions, including three weeks furlough w.e.f. 7.3.2018 to 28.3.2018 and two weeks parole w.e.f. 8.6.2018 to 22.6.2018. The last parole was granted, in view of the fact that the wife of the appellant was expecting and option had been given to the appellant to choose dates.

Keeping in view the fact that the wife of the appellant is expecting, we would allow the present appeal, but restrict the grant of parole to a period of two days only, after the birth of the child is duly communicated and informed to the jail authorities. The parole would be granted on the same terms and conditions, as were imposed while granting parole on the last occasion. The documents and bonds would be considered, examined and accepted by the Jail Superintendent, Tihar Jail, New Delhi. Dasti under signature of the Court Master.

SANJIV KHANNA, J CHANDER SHEKHAR, J JULY 16, 2018 tp