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Aman Kumar Rastogi vs The State Of Nct Of Delhi on 10 June, 2020

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                                                                               via Video-conferencing
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                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     W.P.(CRL) 894/2020
                                AMAN KUMAR RASTOGI                                  ..... Petitioner
                                            Through:              Mr. Saurabh Kansal, Adv.

                                                     versus

                                THE STATE OF NCT OF DELHI              ...... Respondent
                                              Through: Mr. Avninder Singh, ASC for the
                                                       State.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                             ORDER

% 10.06.2020 CRL.M.A. 7409/2020 (for exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.

W.P.(CRL) 894/2020 The petitioner, who is a convict in case arising from FIR No. 544/2004 registered under sections 302/201/354 IPC at PS : Shalimar Bagh, Delhi and has been sentenced to undergo rigorous imprisonment for life in addition to fine of Rs. 1,00,000/-, and a default sentence of 1 year, with a further direction that he shall not be considered for grant of remission till he has undergone actual sentence of 25 years, seeks emergency parole.

2. Mr. Saurabh Kansal, learned counsel for the petitioner states that his petition for grant of emergency parole under the purview of order dated 27.03.2020 issued by the Home Department, Government of Signature Not Verified Signed By:SUNITA RAWAT Location: W.P.(CRL)894/2020 Page 1 of 3 Signing Date:11.06.2020 11:00:03 NCT of Delhi was disposed of by order dated 29.05.2020 made by a Co-ordinate Bench of this court, with a direction that the petitioner's application be considered by the concerned authority by passing a speaking order, to be communicated to the petitioner.

3. Subsequently, the petitioner's name was forwarded to the competent authority for grant of emergency parole; but the same has been rejected on the ground that since the petitioner is serving life sentence with a stipulation that he shall not be considered for 'remission' until he has undergone actual sentence of 25 years, he cannot be granted emergency parole.

4. Issue notice.

5. Mr. Avninder Singh, learned ASC appears for the State; accepts notice and seeks time to file status report.

6. Mr. Avninder Singh points-out that, as the Government order rejecting parole also records, the issue of whether emergency parole can be granted to a convict who is serving life sentence with a stipulation of having to complete a given number of years to be considered for remission, is pending before a Co-ordinate Bench of this court in W.P. (Crl.) No. 682/2019, in which arguments have been heard and judgment reserved by the court on 21.08.2019.

7. In the circumstances, Mr. Singh submits that until a view is taken by the court on this legal issue, the petitioner cannot be granted emergency parole by the Government. Mr. Singh further states that in any case, the petitioner's address, where he would be returning if granted parole falls within a 'containment zone' as notified during the prevalent pandemic.

8. Let status report be filed before the next date.

9. Let updated nominal roll be requisitioned from the Jail Superintendent for the next date.

10. List on 18th June 2020.

ANUP JAIRAM BHAMBHANI, J.

JUNE 10, 2020/uj Signature Not Verified Signed By:SUNITA RAWAT Location: W.P.(CRL)894/2020 Page 3 of 3 Signing Date:11.06.2020 11:00:03