High Court of DelhiW.P.(CRL)/2599/2016

Anita @ Ruby v. State (NCT Of Delhi)

2016-09-16Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2599/2016 ANITA @ RUBY ..... Petitioner Through:

Mr. Sanjay K. Baranwal, Advocate.

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

Ms. Kamna Vohra, ASC for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 16.09.2016 The nominal roll has been received from the Jail Superintendent, which shows that the petitioner is convicted under Section 21(C) of the NDPS Act in case FIR No.232/2011 registered at Police Station - Crime Branch. The petitioner was convicted by the Trial Court and sentenced on 27.07.2013 with ten years Rigorous Imprisonment with fine of Rs.1 Lakh. In default of payment, she was directed to undergo, six months Rigorous Imprisonment. The petitioner's appeal has been dismissed by this Court on 06.05.2016. Her sentence has been maintained, except that in default of payment of fine, she has been directed to undergo imprisonment for one month. The petitioner has undergone incarceration for 4 years, 11 months and 21 days as on 15.09.2016. The jail conduct of the petitioner is found to

be satisfactory. She had earlier been granted bail for 15 days by this Court on 16.10.2014 (wrongly typed in the nominal roll as 18.10.2014) and she surrendered. The petitioner is not found to be involved in any other crime when she was on interim bail. The petitioner is seeking parole to be able to file a Special Leave Petition before the Supreme Court. In the aforesaid circumstances, the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks to enable her to file Special Leave Petition before the Supreme Court. The petitioner shall furnish a personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent.

She shall provide her mobile phone number at the time of her release, which shall not be changed without prior permission of the Court or switched off during the period of parole. She shall mark her attendance on every Monday at 11:00 a.m. at the Police Station - Usmanpur during the period of parole. The petitioner shall duly surrender at the end of the parole period. At the time of surrender, she shall file proof of filing Special Leave Petition to the Jail Superintendent. The petition stands disposed of in the aforesaid terms. Dasti.

VIPIN SANGHI, J SEPTEMBER 16, 2016 B.S. Rohella