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High Court of DelhiW.P.(CRL)/2841/2015

Sonu Sonakar v. State

2016-02-18Hon'Ble Ms. Justice Pratibha Rani2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2841/2015 & CRL.M.A.19060/2015 SONU SONAKAR ..... Petitioner Through:

Ms.Dolly Sharma, Advocate versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, A.S.C. for the State with ASI Tej Pal Singh PS Adarsh Nagar

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 18.02.2016 1.

The present writ petition has been filed by the petitioner impugning the order dated 21st August, 2015 whereby his request for grant of parole has been declined.

2.

As per nominal roll, the appellant has undergone 12 years, 1 months and 5 days in custody as on 01.02.2016, out of the total sentence of rigorous imprisonment for life awarded under Section 302/34 IPC. The appeal filed by him was dismissed by this Court on 21.03.2012. 3.

The petitioner has filed this writ petition for release on parole on the ground that his house is in need of repair for the winter season and also to maintain social ties with his family. The petitioner has also mentioned that he lastly availed parole for four weeks from 25.11.2014 to 23.12.2014 and surrendered on time.

4.

On behalf of State it has been stated that petitioner is abusing the W.P.(CRL) 2841/2015

process of law by applying for furlough as well as parole. During the pendency of this writ petition he also filed Criminal M.A. No. 19060/2015 for Laparoscopic Surgery to be performed at a private hospital alleging that he was suffering from Appendicitis at that time the mother of the petitioner sought time to give the name of the hospital and the doctor where he wanted to get his surgery conducted. But thereafter mother of the petitioner did not appear before the Court. However, DDU hospital report shows that during Ultrasonogram "inflamed appendix not visualized". 5.

In view of unsatisfactory jail conduct as well as the fact that there is neither any medical emergency nor any photograph to show that the house of the petitioner is in need of repair which cannot be carried out unless the petitioner is released, I do not find any ground to release the petitioner on parole at this stage.

6.

The writ petition is dismissed.

PRATIBHA RANI, J.

FEBRUARY 18, 2016 'sr'

W.P.(CRL) 2841/2015