Full Text
WP(Crl.) 1294/2009
Ms. Swati Gupta, Advocate
(NCT OF DELHI) …..Respondents
^ Through:Mr. Amit Sharma, Addl.P.P.
JUDGMENT
1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes
2. To be referred to the Reporter or not? Yes
3. Whether the Judgment should be reported in the Digest? Yes V.K.Jain, J. This is a writ petition under Article 226 of the Constitution of India, seeking mandamus directing the 2009:DHC:4550 respondents to release the petitioners ON 3 months’ parole to enable him to file Special Leave Petition before Hon’ble Supreme Court against judgment of this court dated 25th May, 2009 in Crl.A.No.823/2007 and also to enable him to maintain social ties with families and the societies. The petitioner was convicted u/s 302 IPC and was sentenced to undergo imprisonment for life. The appeal filed by him was dismissed by this court on 25th May, 2009. He submitted a petition to the respondent on 29th June, 2009 for grant of parole for 3 months to enable him to engage a competent lawyer to represent him before the Hon’ble Supreme Court against the judgment whereby his appeal was dismissed and to arrange finance for that purpose. The nominal roll received from the jail shows his address as Jhuggi No.CN-531, Rajdhani Basti, Yamuna Pusta, Delhi whereas the status report shows that enquiry by police was made only at the address given in the petition and it was found that the mother of the petitioner is residing there with his younger brother. The report further shows that the petitioner left his family in childhood and started living at Yamuna Pushta, Delhi. It is ALSO not known whether the petitioner is married or not. The respondent is, therefore, directed to make enquiry at the address given in the nominal roll i.e. Jhuggi No.CN-531, Rajdhani Basti, Yamuna Pusta, Delhi and report whether any member of the family of the petitioner is residing there or not. The respondent shall also enquire whether the petitioner is married and if so who are the members of his immediate family i.e. wife and children and where they are residing. The file of Crl.A.No.823/2007 be also called. List on 6th November, 2009.
(V.K. JAIN) JUDGE October 30, 2009