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Delhi High Court - Orders

Mahesh vs State on 19 June, 2020

Author: Yogesh Khanna

Bench: Yogesh Khanna

$~8
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(CRL) 944/2020
      MAHESH
                                                 ..... Petitioner
                      Through: Ms.Anu Narula, Advocate from
                               DHCLAC.

                               versus
      STATE
                                                                   ..... Respondent
                               Through:        Ms.Nandita Rao, ASC for State.
      CORAM:
      HON'BLE MR. JUSTICE YOGESH KHANNA
                      ORDER

% 19.06.2020

1. The hearing has been conducted through video conferencing.

2. This petition is filed for grant of parole with following prayers:

"a. Issue a Writ of Mandamus or any other Writ, directing the respondent to release the petitioner on parole for a period of Three (03) months to Maintain Social ties & Family Relations; To Curb inner Stress and depression due to prolonged incarceration; To Prevent himself from the presently spreading NCOVID 19 pandemic; To aid his family financially during the nationwide lockdown. b. xxxx"

3. Earlier the applicant was granted parole for two weeks on 10.12.2019 though he availed the parole from 17.02.2020 to 13.03.2020. It is stated by the learned counsel for the petitioner, the applicant again has filed application for parole on 31.03.2020 but it has not been decided till date, though per Parole and Furlough Guidelines 2010 it need to be decided within three weeks of its filing. The learned ASC for State submits the application for parole can be entertained only on a gap of six months from the grant of earlier parole.

4. Nevertheless since the application for grant of parole is pending before the concerned authority; it may decide the application within ten days from today and inform the petitioner of its outcome. The petitioner shall be at liberty to avail legal remedy on the decision of such representation dated 31.03.2020.

5. In the circumstances, the petition stands disposed of.

YOGESH KHANNA, J JUNE 19, 2020 M/DU