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IN THE HIGH COURT
+ w.P.(cRL) 993120rr
ASHOK KUMAR
Through
OF DELHI AT NEW DELHI..... Petitioner
Mr. Sumeet Venna, Adv.
IN THE HIGH COURT
+ w.P.(cRL) 993120rr
ASHOK KUMAR
Through
OF DELHI AT NEW DELHI..... Petitioner
Mr. Sumeet Venna, Adv.
VERSUS
STATE OF THE NCT OF DELHI ..... Respondent
Through Ms. Laxmi Chauhan, Adv. for Mr. Pawan Sharma, SC for State with SI
Uma Dutt, P.S. Mangolpuri.
Through Ms. Laxmi Chauhan, Adv. for Mr. Pawan Sharma, SC for State with SI
Uma Dutt, P.S. Mangolpuri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
05.09.2011
By this petition the Petitioner seeks parole on the ground that he is inflicted with 80% disability physically and visually. As per the report received from the Superintendent Tihar Jail the Petitioner is suffering from
84o/o permanent disability (post poliomyelitis) in the left lower limb. He is also having skin and dental problems for which he is undergoing treatment at the Tihar jail. The Petitioner was initially charged for offences punishable under Section 3021376IPC. However. the learned Trial Court has convicted him for offence under Section 302 only and he has been acquitted for charge under Section 376lPC. w.P.(cRL) 99s/201r page I of2
2011:DHC:17007
\
As per the norninal roll the Petitioner has been in continuous actual custody for the last 15 years, 4 months besides having eamed remissions of around 4 years. Learned counsel for the State on instructions from SI Uma
Dutt states that the family of the Petitioner consists of his father and two children residing at Plot No. 73, B Block, Aggarwal Colony, Rani Kheda, Delhi.
In view of the fact that the Petitioner has been in continuous custody and has roots in the society, I think it is a fit case for grant of parole to the
Petitioner. It is therefore directed that the Petitioner be released on parole for a period of eight 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 leamed Trial Court/ CMM.
Petition is disposed of.
Copy of the order be communicated to the Petitioner through
Superintendent Tihar Jail.
/hr,Xn lidD ll u t-
" MUKTA GUPTA.J
SEPTEMBER 05. 2011
'ga' w.P.(cRL) 993/201r page 2 of2
2011:DHC:17007
05.09.2011
By this petition the Petitioner seeks parole on the ground that he is inflicted with 80% disability physically and visually. As per the report received from the Superintendent Tihar Jail the Petitioner is suffering from
84o/o permanent disability (post poliomyelitis) in the left lower limb. He is also having skin and dental problems for which he is undergoing treatment at the Tihar jail. The Petitioner was initially charged for offences punishable under Section 3021376IPC. However. the learned Trial Court has convicted him for offence under Section 302 only and he has been acquitted for charge under Section 376lPC. w.P.(cRL) 99s/201r page I of2
2011:DHC:17007
\
As per the norninal roll the Petitioner has been in continuous actual custody for the last 15 years, 4 months besides having eamed remissions of around 4 years. Learned counsel for the State on instructions from SI Uma
Dutt states that the family of the Petitioner consists of his father and two children residing at Plot No. 73, B Block, Aggarwal Colony, Rani Kheda, Delhi.
In view of the fact that the Petitioner has been in continuous custody and has roots in the society, I think it is a fit case for grant of parole to the
Petitioner. It is therefore directed that the Petitioner be released on parole for a period of eight 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 leamed Trial Court/ CMM.
Petition is disposed of.
Copy of the order be communicated to the Petitioner through
Superintendent Tihar Jail.
/hr,Xn lidD ll u t-
" MUKTA GUPTA.J
SEPTEMBER 05. 2011
'ga' w.P.(cRL) 993/201r page 2 of2
2011:DHC:17007
JUDGMENT