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High Court of DelhiW.P.(CRL)/2432/2016

Kasim v. State

2016-12-06Hon'Ble Ms. Justice Mukta Gupta2 pages

12# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2432/2016 KASIM ..... Petitioner Represented by:

Mr. Sumeet Verma and Mr.

Abhijeet Sharma, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Piyush Singhal and Ms.

Arpita Bhattacharyya, Advocates for Mr. Ashish Aggarwal, Additional Standing Counsel for the State with SI Jitender Joshi, PS Aman Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.12.2016 1.

Aggrieved by the communication dated 19th July, 2016 rejecting the application for parole of the petitioner for filing Special Leave Petition and for re-establishing ties with the family and the society, the petitioner preferred the present petition.

2.

In the communication dated 19th July, 2016, the competent authority found that none of the relatives of the petitioner were found at the address mentioned in the petition and his release would have an adverse effect on the victim/witnesses and law and order situation. 3.

Learned proxy counsel for the learned Additional Standing Counsel for the State has handed over a status report. As per the status report the W.P.(CRL) 2432/2016

petitioner has not given his correct parentage and address either in the petition or earlier. On extensive verification which was directed by this Court it is found that the name of the father of the petitioner is Samid Khan whereas the petitioner has mentioned his father's name as Safi Khan. At the native place, the wife of the petitioner Hazra Khatoon, his mother Munni Khatoon and four children were found residing. In the petition the petitioner has not even disclosed that besides one child, he has three other children. Thus the details mentioned in the petition are incorrect. 4.

Considering the fact that on oath the petitioner is making incorrect statements, this Court is not inclined to interfere with the order passed by the competent authority declining to grant parole to him as the chances of such a prisoner for returning back are bleak. The main ground on which the parole is sought is for filing of the Special Leave Petition before the Hon'ble Supreme Court which can be filed even from jail. 5.

Petition is dismissed.

6.

Copy of the order be communicated to the petitioner through Superintendent, Tihar Jail.

MUKTA GUPTA, J.

DECEMBER 06, 2016 'vn'

W.P.(CRL) 2432/2016