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High Court of DelhiW.P.(CRL)/2217/2015

Dharmender Singh @ Vijay Singh v. The State Of NCT Of Delhi

2016-03-29Hon'Ble Ms. Justice Pratibha Rani2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2217/2015 DHARMENDER SINGH @ VIJAY SINGH ..... Petitioner Through:

None versus THE STATE OF NCT OF DELHI ..... Respondent Through:

Mr.Ashish Aggarwal, A.S.C. for the State with Mr.Piyush Singhal, Advocate with SI Govind Singh PS Uttam Nagar

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.03.2016 1.

By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., petitioner has made the following prayer:- (i) To pass an order setting aside the impugned letter No.F18/134/2009/HOME(G)/ dated 23rd April, 2015 of Dy. Secretary (Home) imposing arbitrary conditions;

(ii) To pass an order to release the petitioner on parole for a period of three months on such terms and conditions as this Hon'ble Court may deem fit.

2.

Thereafter, by way of application being Crl.M.A.15731/2015, petitioner sought parole on the ground of marriage of his younger sister. W.P.(CRL) 2217/2015

Vide order dated 20th November, 2015, Crl.M.A.15731/2015 was allowed and petitioner was granted parole for 10 days. The order dated 20th November, 2015 reads as under:- "Crl.M.A.15731/2015

(1) The petitioner seeks parole as the marriage of his younger sister is fixed for 23rd November, 2015. Status report has been filed on record today. Factum of marriage of petitioner's sister has been verified and confirmed. The petitioner was earlier granted parole many times and there are no allegations of its misuse.

(2) In the interest of justice and to enable the petitioner to participate in the marriage of his real sister fixed for 23.11.2015, he is granted parole for ten days from the date of release, subject to his furnishing a personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate. After completion of parole period the petitioner shall surrender before Superintendent Jail.

(3) The application stands disposed of.

W.P.(Crl.)2217/2015

(1) Relist on the date fixed i.e.7th January, 2016 before the Roster Bench.

(2) Copy of the order be given dasti to the petitioner's counsel under the signature of the Court Master."

3.

Thereafter, the writ petition was listed on 7th January, 2016 but on that date none had appeared on behalf of the petitioner and the matter was listed for today i.e. 29th March, 2016.

4.

Today also none has appeared on behalf of the petitioner. 5.

It appears that after availing the parole already granted, petitioner is not interested to pursue this writ petition.

6.

The writ petition is dismissed for non-prosecution. PRATIBHA RANI, J.

MARCH 29, 2016/'pg'

W.P.(CRL) 2217/2015