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Delhi High Court - Orders

Dal Chand vs State Nct Of Delhi on 24 March, 2023

Author: Swarana Kanta Sharma

Bench: Swarana Kanta Sharma

                          $~55
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 879/2023
                                 DAL CHAND                                       ..... Petitioner
                                                    Through:     Mr. Anup Kumar Das, Adv.

                                                    Versus

                                 STATE NCT OF DELHI                           ..... Respondent
                                               Through:          Mr. Anand V. Khatri, ASC (Crl.) for
                                                                 State with SI Pratibha Yadav, PS
                                                                 Adarsh Nagar, Delhi.

                                 CORAM:
                                 HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                    ORDER

% 24.03.2023

1. The instant petition under Article 226 of the Constitution of India read with Section 482 of Cr.P.C has been filed on behalf of the petitioner seeking issuance of an appropriate writ in the nature of "Mandamus" directing the respondent to decide the application of the petitioner within a reasonable time or in alternative direct the respondent to release the petitioner on Parole.

2. Learned counsel for the petitioner submits that the petitioner has filed parole application on 07.02.2023 before the Competent Authority of the respondent to attend and take care of his old aged father at the time of his eye surgery and re-establish social ties with society and family members on account of continuous long incarceration. However, the respondent has failed to decide the parole application of the petitioner within the stipulated Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:29.03.2023 11:01:47 period of four weeks as mentioned in the Parole/Furlough Guidelines.

3. Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of the State.

4. Having heard learned counsel for the parties and having gone through the facts averred in the present petition, this Court directs the respondent to ensure that appropriate orders are passed on the application of the petitioner within fifteen days under intimation to the petitioner.

5. Petition is disposed of accordingly.

6. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J MARCH 24, 2023/kct Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:29.03.2023 11:01:47