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High Court of DelhiW.P.(CRL)/2271/2017

Abodh v. State

2017-12-21Hon'Ble Ms. Justice Mukta Gupta2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2271/2017 ABODH ..... Petitioner Represented by:

Ms. Sunita Arora, Adv.

versus STATE ..... Respondent Represented by:

Ms. Richa Kapoor, ASC with SI Dharmendra Pratap Singh PS Samaipur Badli.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.12.2017 Aggrieved by the communication dated 5th June, 2017 rejecting the parole application of the petitioner the petitioner has filed the present petition on the ground that he has to file Special Leave Petition before the Hon'ble Supreme Court.

As per the nominal roll the petitioner has been convicted for offences punishable under Sections 376/318 IPC and awarded sentence a rigorous imprisonment for a period of 7 years and to pay a fine of ₹10,000/-. The petitioner has undergone approximately five and a half years imprisonment including remissions.

A status report has been filed. As per the status report the petitioner was residing at a rented accommodation at Raja Vihar, Delhi and since his arrest none of his family members are residing there. The family of the W.P.(CRL) 2271/2017

petitioner was traced at PS Singhbara district, Darbhanga, however the parents of the petitioner stated that the petitioner left the house about 10-12 years ago and since then he has not returned. It is thus apparent that the parents of the petitioner have no control over him. Considering the fact that the petitioner has no roots in the society, this Court does not find any case to modify the order of the competent authority rejecting grant of parole to the petitioner. In any case the parole is sought for filing the Special Leave Petition which can be filed through jail also. Petition is dismissed.

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

MUKTA GUPTA, J.

DECEMBER 21, 2017 'ga'

W.P.(CRL) 2271/2017