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IN THE HIGH COT]RT OF DELHI AT NEW DELHI
+ w.P.(cRL) 68212011
SURESH SINGHAL ..-.. Petitioner
Through Mr. Raman Sawhney, Mr. Karan
Kumar, VIr. Shitiz K. Chopra, Advs.
VETSUS
STATE -.... ResPondent
Through Mr. Rajesh Mahajan, ASC for State with Inspector Ramphal Singh PS
IN THE HIGH COT]RT OF DELHI AT NEW DELHI
+ w.P.(cRL) 68212011
SURESH SINGHAL ..-.. Petitioner
Through Mr. Raman Sawhney, Mr. Karan
Kumar, VIr. Shitiz K. Chopra, Advs.
VETSUS
STATE -.... ResPondent
Through Mr. Rajesh Mahajan, ASC for State with Inspector Ramphal Singh PS
coRAM:
Nangloi'
. HON'BLE MS. JUSTICE MUKTA GUPTA
% 14.10.2011
By this petition the Petitioner seeks parole on the ground that he has to pursue his SLP, alrange funds for paying the lawyer's fee, find a suitable match for his eldest daughter, to arrange proper medical treatment for his mother who is aged 80 years & is suffering from various ailments and to re- establ.ish social ties.
Initially when the notice was issued by this Court, this Court had directed the Secretary (Home) to file an affidavit as to under what circumstances in case of an appeal or petition pending before the Court, the
Government can entertain application for parole. An affidavit of the
I|/.P.(CRL) 682/2011 page I of 2
2011:DHC:16404
. HON'BLE MS. JUSTICE MUKTA GUPTA
% 14.10.2011
By this petition the Petitioner seeks parole on the ground that he has to pursue his SLP, alrange funds for paying the lawyer's fee, find a suitable match for his eldest daughter, to arrange proper medical treatment for his mother who is aged 80 years & is suffering from various ailments and to re- establ.ish social ties.
Initially when the notice was issued by this Court, this Court had directed the Secretary (Home) to file an affidavit as to under what circumstances in case of an appeal or petition pending before the Court, the
Government can entertain application for parole. An affidavit of the
I|/.P.(CRL) 682/2011 page I of 2
2011:DHC:16404
Principal Secretary (Home) has been filed that once an appeal/petition is decided by the High Court, the convict becomes eligible for parole in terms of the Parole/Furlough Guidelines 2005.
A perusal of the status report shows that the Petitioner's mother is stated to be suffering from high blood pressure and arthritis as she is 80 years old, however no medical papers of her illness were given to the Officer who had gone for verification. Further the Petitioner has surrendered to custody only on 10ft January, 2011 and thus not even ill year has been passed since he has been in custody, as the sentence of the Petitioner was suspended during the pendency of the appeal from 4th November, 1999.
Moreover, the Petitioner had escaped from custody on the 8th April, 1995 and was thereafter re-arrested on 23'd July, 1996.
In view of the facts and circumstances of the case and the fact that the
SLP has already been filed, and no medical record of the mother is available, I find no reason to grant parole to the Petitioner.
Petition is dismissed. h^.sL-fu&-
, MUKTA GUPTA,J ocToBER 14,2011
'gu' w.P.(cRL) 682/2011 page 2 of2
2011:DHC:16404
A perusal of the status report shows that the Petitioner's mother is stated to be suffering from high blood pressure and arthritis as she is 80 years old, however no medical papers of her illness were given to the Officer who had gone for verification. Further the Petitioner has surrendered to custody only on 10ft January, 2011 and thus not even ill year has been passed since he has been in custody, as the sentence of the Petitioner was suspended during the pendency of the appeal from 4th November, 1999.
Moreover, the Petitioner had escaped from custody on the 8th April, 1995 and was thereafter re-arrested on 23'd July, 1996.
In view of the facts and circumstances of the case and the fact that the
SLP has already been filed, and no medical record of the mother is available, I find no reason to grant parole to the Petitioner.
Petition is dismissed. h^.sL-fu&-
, MUKTA GUPTA,J ocToBER 14,2011
'gu' w.P.(cRL) 682/2011 page 2 of2
2011:DHC:16404
JUDGMENT