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High Court of DelhiW.P.(CRL)/2229/2016

Sanjay v. State (Gnct Of Delhi)

2016-09-16Hon'Ble Mr. Justice S.P.Garg2 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2229/2016 SANJAY ..... Petitioner Through :

Mr.Tarun Khanna, Advocate with Mr.Hemant Singh, Advocate.

versus STATE (GNCT OF DELHI) ..... Respondent Through :

Ms.Kamna Vohra, ASC with SI Ramesh Kumar, PS Sultanpuri.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 16.09.2016 1.

The instant writ petition under Articles 226 & 227 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 four weeks. Status report is on record.

2.

Nominal Roll dated 09.09.2016 reveals that the petitioner was convicted under Sections 376/448 IPC and was sentenced to undergo RI for seven years with total fine ` 1,500/-. Crl.A.914/2006 was dismissed by this Court on 06.11.2015. Nominal Roll further reveals that the petitioner has already undergone three years, nine months and twenty-one days incarceration besides remission for ten days as on 08.09.2016. It is relevant to note that the petitioner has already been W.P.(CRL) 2229/2016

convicted in case FIR No.259/09 under Section 304-II/307/34 IPC at PS Sultanopuri on 27.08.2013 and has been sentenced to undergo RI for eight years with fine `20,000/-.

The petitioner is undergoing sentence in FIR No.259/2009 and sentence in the instant FIR No.191/03 is yet to commence.

His overall jail conduct is satisfactory. Earlier he was granted parole w.e.f. 23.12.2014 to 24.01.2015 in case FIR No.259/09 and there are no allegations of its misuse.

3.

It is informed that the petitioner has been granted parole / furlough by the GNCTD in FIR No.259/09, however, he could not avail the said parole due to conviction in FIR No.191/03. 4.

In the interest of justice and for the reasons mentioned in the writ petition, the petitioner is granted four weeks parole from the date of release, on furnishing personal bond in the sum of `20,000/- 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. 5.

Writ petition stands disposed of in the above terms. S.P.GARG, J SEPTEMBER 16, 2016 / tr W.P.(CRL) 2229/2016