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High Court of DelhiW.P.(CRL)/3037/2018

Dhyan Singh @ Dhyani v. State

2018-10-05Hon'Ble Ms. Justice Mukta Gupta2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3037/2018 DHYAN SINGH @ DHYANI ..... Petitioner Represented by:

Mr. Kunal Malhotra, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel for the State with SI Sonu Kumar Singh, PS GTB Enclave.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.10.2018 1.

By this petition, the petitioner seeks parole on the ground that he has to re-establish social ties and to find a suitable match for his daughter. 2.

Notice.

3.

Learned proxy counsel for learned Standing Counsel for the State accepts notice.

4.

A status report has been handed over which is taken on record. As per the status report the petitioner's family comprising of his wife and five children are residing at Salem Sarai, Dhampur Distt, Bijnor, U.P. The eldest daughter of the petitioner is aged 23 years. Petitioner has his own house and a 5 'bigha' agricultural land in the village, W.P.(CRL) 3037/2018

5.

A perusal of the nominal roll of the petitioner reveals that the petitioner was convicted for offences punishable under Sections 392/394/397/323 IPC and awarded 7 years of rigorous imprisonment and to pay fine. Petitioner's sentence was suspended on 21st May, 2008 pending hearing of the appeal by this Court. The appeal was dismissed by this Court on 10th September, 2013, however, after the dismissal of the appeal the appellant failed to surrendered and could be re-arrested only after two years on 25th October, 2015. Thus presently the petitioner is under custody from 25th October, 2015 i.e. three years and the unexpired portion of the petitioner's sentence is nearly seven months. 6.

Considering the fact that only seven months imprisonment is remaining if fine is paid, this Court finds no ground to grant parole to the petitioner 7.

Petition is dismissed.

8.

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

MUKTA GUPTA, J.

OCTOBER 05, 2018 'yo'

W.P.(CRL) 3037/2018