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$-49&20 HIGH COURT OF DELHI
W.P.(CRL) 2914/2017
DARPAN .....Petitioner Represented by: Mr. Ankur Sood, Mr. Uday Bedi, Ms. Romila Mandal, Advs.DHCLSC.
W.P.(CRL) 2914/2017
DARPAN .....Petitioner Represented by: Mr. Ankur Sood, Mr. Uday Bedi, Ms. Romila Mandal, Advs.DHCLSC.
VERSUS
STATE .....Respondent Represented by: Mr. Rajesh Mahajan, ASC with
ASI Tulli Ram PS Badarpur.
W.P.(CRL) 2979/20 17 JITENDER @ JITU .... Petitioner
Represented by: Ms. Sudha Reddy, Adv. DHCLSC.
ASI Tulli Ram PS Badarpur.
W.P.(CRL) 2979/20 17 JITENDER @ JITU .... Petitioner
Represented by: Ms. Sudha Reddy, Adv. DHCLSC.
VERSUS
STATE .....Respondent Represented by: Mr. Rajesh Mahajan, ASC with
ASI Tulli Ram PS Badarpur.
ASI Tulli Ram PS Badarpur.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
23.03.2018 By these two petitions the petitioners Darpan and Jitender @ Jitu who have been convicted in case FIR No,. 172/2012 under Sections
376(2)(g)/328/34 IPC and the conviction and order on sentence upheld by this Court and appeals dismissed on 31s' May, 2017 seek parole on the
WP.(CRL)2914/2017& W.P.(CRL)2979/2017
2018:DHC:8681 ground that they have to file the Special Leave Petition before the Hon'ble
Supreme Court and maintain social ties. Applications for parole by the two petitioners were rejected by the competent authority on the ground that there is facility of filing a special leave petition from the jail and the grounds for seeking parole are not compelling.
A perusal of the nominal roll reveals that both the petitioners have been in custody now for 6 years 4 months out of the 10 years rigorous imprisonment awarded to them. As per the status report the address of the two petitioners have been verified. Family of Darpan is residing at D!54, Okhla Industrial Area Phase —I where his father was found to be residing, whereas brother of Jitender @ Jitu was found to be residing at H.No. 2455, Gali No.64-65, B Block, M.B. Extn., Badarpur.
Considering that the petitioners have to file a Special leave petition and that they have roots in the society and as per the additional status report it has been verified that the complainant/ prosecutrix is not residing in the vicinity of any of the petitioners rather the whereabouts of the prosecutrix are not traceable, this Court deems it fit to grant parole to the petitioners e subject to the Guideline No.13 of the Parole and Furlough Guidelines of
GNCTD 2010.
Thus, petitioners are granted parole for a period of four weeks each on their furnishing a personal bond in the sum of 25,000/- each with one surety bond each of the like amount to the satisfaction of the learned Trial
Court, further subject to the condition that first Jitender @ Jitu will be released and after he has surrendered to custody the bail bond and surety bond of Darpan would be accepted who would be thereafter released on
W.P.(CRL) 2914/2017 & W.P.(CRL) 2979/2017
< parole.
Petitions are disposed of.
Copy of this order be communicated to the petitioners through
Superintendent Mandoli Jail.
A4414-- MUKTA GUPTA, J.
MARCH 239 2018 'ga'
23.03.2018 By these two petitions the petitioners Darpan and Jitender @ Jitu who have been convicted in case FIR No,. 172/2012 under Sections
376(2)(g)/328/34 IPC and the conviction and order on sentence upheld by this Court and appeals dismissed on 31s' May, 2017 seek parole on the
WP.(CRL)2914/2017& W.P.(CRL)2979/2017
2018:DHC:8681 ground that they have to file the Special Leave Petition before the Hon'ble
Supreme Court and maintain social ties. Applications for parole by the two petitioners were rejected by the competent authority on the ground that there is facility of filing a special leave petition from the jail and the grounds for seeking parole are not compelling.
A perusal of the nominal roll reveals that both the petitioners have been in custody now for 6 years 4 months out of the 10 years rigorous imprisonment awarded to them. As per the status report the address of the two petitioners have been verified. Family of Darpan is residing at D!54, Okhla Industrial Area Phase —I where his father was found to be residing, whereas brother of Jitender @ Jitu was found to be residing at H.No. 2455, Gali No.64-65, B Block, M.B. Extn., Badarpur.
Considering that the petitioners have to file a Special leave petition and that they have roots in the society and as per the additional status report it has been verified that the complainant/ prosecutrix is not residing in the vicinity of any of the petitioners rather the whereabouts of the prosecutrix are not traceable, this Court deems it fit to grant parole to the petitioners e subject to the Guideline No.13 of the Parole and Furlough Guidelines of
GNCTD 2010.
Thus, petitioners are granted parole for a period of four weeks each on their furnishing a personal bond in the sum of 25,000/- each with one surety bond each of the like amount to the satisfaction of the learned Trial
Court, further subject to the condition that first Jitender @ Jitu will be released and after he has surrendered to custody the bail bond and surety bond of Darpan would be accepted who would be thereafter released on
W.P.(CRL) 2914/2017 & W.P.(CRL) 2979/2017
< parole.
Petitions are disposed of.
Copy of this order be communicated to the petitioners through
Superintendent Mandoli Jail.
A4414-- MUKTA GUPTA, J.
MARCH 239 2018 'ga'
W.P. (CRL) 2914/2017 & W.P. (CRL) 2979/2017 a
JUDGMENT