Delhi High Court - Orders
Chander Prakash vs State Of Nct Of Delhi on 5 July, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1043/2021
CHANDER PRAKASH ..... Petitioner
Through: Mr. Puneet Mittal Sr. Advocate
along with Mr.Rahul Malik,
Mr.Rupendra Pratap Singh and
Ms.Vasudha Bajaj Advocates.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr.Sanjay Lao, Standing Counsel for
the State with Mr.Karanjeet Rai
Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 05.07.2021
1. The hearing has been conducted through Video Conferencing.
2. This petition is filed seeking grant of parole for two months undergoing judicial custody in FIR No.859/2004 under Sections 365/302/201/34 IPC and Section 27/54/59 of Arms Act.
3. It is submitted by learned senior counsel for the petitioner that earlier he was granted parole twice, firstly vide order dated 03.04.2012 for four weeks in W.P.(Crl.) No.26/2012 but he did not surrender in time because of health reasons as he was undergoing treatment at IHBAS. Later he was granted parole vide order dated 10.05.2016 in W.P.(CRL) 1197/2016 for four weeks. He did not surrender in time even this time due to some cogent grounds/reasons.
4. Learned senior counsel for the petitioner also referred to order dated 24.10.2019 passed in W.P.(CRL) 574/2018 for providing protection to the petitioner herein who was attacked 17 times in jail premises. Reference is Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:05.07.2021 15:49 also made to Annexure A5 i.e. order dated 16.07.2020 in W.P.(CRL) 1021/2020 wherein the co-accused Aas Mohammad, was granted parole. The applicant is in custody for the last 17 years and as such to maintain social ties and look after his old mother, the petitioner needs parole for 4 weeks.
5. Learned standing counsel for the State states twice the petitioner was granted parole and not only he jumped the parole on both occasions but also committed various offences during the period of parole as such in Rule 1210(iii) of Delhi Prison Rules if the accused during period of release on parole commits any crime, he is not entitled to parole. The status report dated 02.06.2021 is on record which shows the petitioner when granted parole in the year 2012 was involved in 6 criminal cases whereas in 2016 he was involved in 2 FIRs at Faridabad and Rohtak. Learned standing counsel referred to the medical status report dated 08.06.2021 in this regard. However, copy of the report is not available with the learned senior counsel for the petitioner. Be supplied.
6. List the matter now on 03.09.2021.
YOGESH KHANNA, J.
JULY 05, 2021 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:05.07.2021 15:49