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-)- $- HIGH COURT OF DELHI w.P.(cRL) 9s9l20rr
PAL SINGH @PALA
Through:
VETSUS
STATE OF TIIE NCT OF DELHI..... Petitioner Ms. Rakhi Dubey, Advocate ..... Respondent
Through: Ms. Laxmi Chauhan, proxy counsel for Mr. Pawan Sharma, S.C. for State with SI Mukesh Kumar.
PAL SINGH @PALA
Through:
VETSUS
STATE OF TIIE NCT OF DELHI..... Petitioner Ms. Rakhi Dubey, Advocate ..... Respondent
Through: Ms. Laxmi Chauhan, proxy counsel for Mr. Pawan Sharma, S.C. for State with SI Mukesh Kumar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA o/o *tffi By this petition, the Petitioner seeks parole on the ground that he has to take care of his ailing mother, wife and daughter who has fallen from the roof ahd to re-establish social ties.
On a notice being issued, a status report has been filed which verifies that the daughter of the Petitioner has fallen from the roof and is undergoing treatment at G.B. Pant Hospital. Further, the mother of the Petitioner is suffering from eye-ailment and the wife has to be operated for stone.
The parole application of the Petitioner was rejected by the
Government on the ground that he was punished in view of his misconduct in the jail as he was found in possession of tobacco on 4th January, 2010. He
2011:DHC:18099 a, was denied the parole and his remission was also fortified. However, the
Petitioner had been granted parole earlier in September, 2009 and
September,2010 and on both the occasion he surrendered in time and there is no allegation that the Petitioner misused the concession of bail granted to him.
.Despite the fact that the Petitioner misconducted in jail, having been found in possession of the tobacco, in view of the fact that the daughter of the Petitioner has fallen from the roof, I am inclined to grant parole to the
Petitioner for a period of four weeks on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court/ CMNz7 Duty Magistrate.
Petition is disposed of. Order Dasti.
.Copy of this order be communicated to the Petitioner through
Superintendent, Tihar Jail.
SEPTEMBER 28,2011 'dkt lM@_ " MUKTA GUPTA, J.
2011:DHC:18099
On a notice being issued, a status report has been filed which verifies that the daughter of the Petitioner has fallen from the roof and is undergoing treatment at G.B. Pant Hospital. Further, the mother of the Petitioner is suffering from eye-ailment and the wife has to be operated for stone.
The parole application of the Petitioner was rejected by the
Government on the ground that he was punished in view of his misconduct in the jail as he was found in possession of tobacco on 4th January, 2010. He
2011:DHC:18099 a, was denied the parole and his remission was also fortified. However, the
Petitioner had been granted parole earlier in September, 2009 and
September,2010 and on both the occasion he surrendered in time and there is no allegation that the Petitioner misused the concession of bail granted to him.
.Despite the fact that the Petitioner misconducted in jail, having been found in possession of the tobacco, in view of the fact that the daughter of the Petitioner has fallen from the roof, I am inclined to grant parole to the
Petitioner for a period of four weeks on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court/ CMNz7 Duty Magistrate.
Petition is disposed of. Order Dasti.
.Copy of this order be communicated to the Petitioner through
Superintendent, Tihar Jail.
SEPTEMBER 28,2011 'dkt lM@_ " MUKTA GUPTA, J.
2011:DHC:18099
JUDGMENT