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High Court of DelhiW.P.(CRL)/2778/2017

Rahul @ Ganja v. State

2017-12-05Hon'Ble Ms. Justice Mukta Gupta2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2778/2017 RAHUL @ GANJA ... Petitioner Represented by:

Mr.Neeraj Bhardwaj, Advocate versus STATE .... Respondent Represented by:

Mr.Sanjay Lao, ASC with SI Pramod Kumar, PS Shalimar Bagh

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2017 1.

By this petition, the petitioner seeks parole on the ground that he has to file a Special Leave Petition against the judgement dated 25th May, 2017 passed by this Court upholding the conviction of the appellant though reducing the sentence of rigorous imprisonment for four years to a period of three years rigorous imprisonment.

2.

A Nominal Roll has been placed on record. Petitioner was on bail during trial and his sentence was suspended pending hearing of the appeal. 3.

Learned Additional Standing Counsel for the State has placed on record copy of the communication dated 6th September, 2017 informing that the request of the petitioner for grant of parole has not been acceded to for W.P.(CRL) 2778/2017

the reason the petitioner has not been in custody for at least one year. As per the Nominal Roll, the petitioner is now in custody for more than one year.

4.

Considering the fact that the ground taken in the present petition is for filing of the Special Leave Petition and there is nothing adverse against the petitioner when he was granted bail during the trial and sentence was suspended during the pendency of the appeal, this Court deems it fit to grant parole to the petitioner.

5.

It is therefore directed that the be released on parole for a period of four weeks from the date of his release on his furnishing personal bond in the sum of ₹25,000/- with one surety to the like amount subject to the satisfaction of the learned Trial Court/CMM.

6.

The order be communicated to the petitioner through Superintendent, Tihar Jail.

7.

Petition disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 05, 2017 'rk'

W.P.(CRL) 2778/2017