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High Court of DelhiW.P.(CRL)/3336/2017

Anand Prakash v. State

2018-01-18Hon'Ble Mr. Justice S.P.Garg2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3336/2017 ANAND PRAKASH ..... Petitioner Through :

Mr.M.L.Yadav, Advocate.

versus STATE ..... Respondent Through :

Mr.Ashish Negi, proxy counsel for Ms.Richa Kapoor, ASC for State with SI Naveen Kumar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 18.01.2018 1.

Present writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioner to seek parole for a period of three months. Status report is on record.

2.

I have heard the learned counsel for the parties and have examined the file. On perusal of the Nominal Roll dated 14.11.2017, it reveals that the petitioner was convicted under Sections 302/342/323/34 IPC and was sentenced to undergo imprisonment for life with total fine `3,500/-. Criminal Appeal No.202/2000 has been decided on 19.10.2015 with the modification that offence under Sections 323/34 IPC has been set aside. The petitioner has undergone only one year, eleven months and fifteen days incarceration besides

remission for six months and twenty-eight days as on 10.11.2017. Prior to that, the petitioner was on regular bail from 25.07.2000 to 03.05.2016 and had ample opportunity to effect partition (if any). It is too early to consider the present parole petition as the petitioner was sent to custody on 04.05.2016 after conviction. 3.

Considering the facts and circumstances of the case, I find no sufficient ground to grant parole to the petitioner on the grounds specified. The petition is dismissed.

S.P.GARG, J JANUARY 18, 2018 / tr