Sharad Kumar @ Monty v. State

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1375/2017 SHARAD KUMAR @ MONTY ..... Petitioner Represented by:

Mr. Sidharth Yadav, Adv.

versus STATE ..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC with SI H. Singh, PS R.K. Puram.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.12.2017 By this petition the petitioner seeks parole on the ground that his wife is unwell and that he has been in custody for one year after the appeal was dismissed by this Court on 18th October, 2016. A status report has been filed verifying the medical documents placed on record. It is however clarified by the Doctor that Nabothian cysts are normal physiological finding and patient with such cyst can be managed on OPD basis.

A perusal of the nominal roll of the petitioner reveals that the petitioner was granted parole for a period of four week with effect from 26th December, 2016 to 23 January, 2017. A further parole of 11 days was granted to the petitioner from 1st September, 2017. However the petitioner W.P.(CRL) 1375/2017

states that the petitioner was granted parole by the GNCTD as a programme of Tihar Jail was being held at Delhi Hatt.

Be that as it may, in the one year of custody since 18th October, 2016 the petitioner has already been granted four weeks parole by the Court. By this petition the petitioner in fact challenges the order dated 26th May, 2017 whereby his parole on the ground that his wife was suffering was rejected. As noted above, the ailment of the wife of the petitioner is not serious. The present petition challenging the communication dated 26th May, 2017 does not warrant any interference, however the petitioner would be at liberty to take remedies as available to him as per the guidelines and policies of the State Government in accordance with law. Petition is disposed of.

MUKTA GUPTA, J.

DECEMBER 14, 2017 'ga'

W.P.(CRL) 1375/2017