Prem Shankar v. State

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2700/2018 PREM SHANKAR ..... Petitioner Represented by:

Mr. Sulaiman Mohd. Khan, Advocate.

versus STATE ..... Respondent Represented by:

Ms. Amita Sachdeva, Advocate for Ms. Richa Kapoor, ASC for the State with SI Brijesh Kumar, PS Lodhi Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.09.2018 By this petition, the petitioner seeks parole on the ground that he has to find suitable match for his daughter and also challenges the communication dated 14th May, 2018 informing the rejection of the application of the petitioner or parole on the ground as aforesaid as also to re-establish social ties.

The ground on which the application was dismissed by the Competent Authority is that the petitioner may jump the parole as he is a habitual offender being involved in one more case being FIR No. 22/2015 under Sections 370/356/411/34 IPC registered at PS Sarita Vihar and the coaccused was absconding since 2nd February, 2005. W.P.(CRL) 2700/2018

A status report has been handed over which is taken on record. As per the status report the family of the petitioner comprising of his wife and two children are residing at H. No. 1/150 Madan Giri, Ambedkar Nagar, New Delhi.

Further from the nominal roll it is apparent that the FIR in question under sections 302/396/120B IPC was registered at PS Lodhi Colony in the year 1995 being FIR No. 253/1995 and after conviction in the appeal filed the sentence of the appellant was suspended by this Court and after the dismissal of the appeal on 23rd September, 2015 the petitioner was rearrested only on 29th April, 2016. Further the petitioner is involved in one more case. The co-convict, Pramod has absconded and one more accused, Rajeev, had also jumped the parole has now been re-arrested and sent to jail. Considering the fact that after dismissal of the appeal the appellant could have arrested only on 29th April, 2016, this Court finds no ground to grant parole to the petitioner.

Consequently, petition is dismissed.

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

MUKTA GUPTA, J.

SEPTEMBER 11, 2018 'yo'

W.P.(CRL) 2700/2018