Adesh Dubey v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 22/2016 ADESH DUBEY ..... Petitioner Through :

Mr.Saurabh Kansal, Advocate with Ms.Pallavi S.Kansal, Advocate.

versus STATE ..... Respondent Through :

Mr.Avi Singh, ASC with Ms.Megha Bahl, Advocate.

SI Om Parkash.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 08.01.2016 1.

The instant writ petition under Articles 226 & 227 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for seeking parole for a period of three months to take care of his ailing wife and to arrange funds for her treatment. 2.

I have heard the learned counsel for the petitioner and have gone through the Nominal Roll dated 15.12.2015. The petitioner was convicted under Sections 376(g)/506(II) IPC and sentenced to undergo RI for ten years with fine `5,000/-. It reveals that he has undergone five years, ten months and six days incarceration besides remission for one year and five months as on 15.12.2015. His appeal has been dismissed by this Court on 08.05.2014. Nominal Roll further W.P.(CRL) 22/2016

reveals that the petitioner has been granted furlough / parole for various durations four times in 2015 itself. The last furlough was for the period from 26.10.2015 to 16.11.2015 granted by this Court for three weeks. Grant of parole is not a regular feature. Considering the facts and circumstances of the case, I find no sufficient ground to grant further parole to the petitioner for the reasons mentioned in the writ petition.

3.

The writ petition is dismissed.

S.P.GARG, J JANUARY 08, 2016 / tr W.P.(CRL) 22/2016