Rajesh v. State

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3236/2017 RAJESH ..... Petitioner Through:

Mr.Sumeet Verma & Mr.Amand Chaudhary, Advocates versus STATE ..... Respondent Through:

Mr.Rahul Mehra, Standing Counsel for State with Mr.Jamal Akhtar, Advocate with Insp.Raj Pal Singh, PS Mangol Puri

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.11.2017 CRL.M.A.19058/2017 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

W.P.(CRL.) 3236/2017 1.

The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying as under:

a) Issue a Writ in the nature of Certiorari quashing order bearing no. F18/19/16/HG/5750 dated 20.10.2017 passed by competent authority / respondent.

b) Issue a Writ of Mandamus directing the competent authority / respondent to release the petitioner on parole for three (3) months to take care of his parents who are suffering from various ailments owing to old age; to re-establish social ties with family and society.

W.P.(CRL) 3236/2017

2.

Notice. Learned Standing Counsel as above accepts notice on behalf of the State.

3.

Nominal roll of the petitioner has been placed on record, as per which the petitioner has recently availed two weeks furlough from 12th to 26th June, 2017 and three weeks furlough from 20th September, 2017 to 11th October, 2017.

4.

As per Parole/Furlough Guidelines-2010, a minimum period of six months ought to have elapsed from the date of termination of the previous parole/furlough.

5.

In the given facts and circumstances, the prayer of the Petitioner for releasing him on parole is hereby rejected.

6.

Accordingly, the writ petition is dismissed.

7.

Petitioner be informed through concerned Jail Superintendent about the orders passed.

PRATIBHA RANI, J.

NOVEMBER 20, 2017 'hkaur'

W.P.(CRL) 3236/2017