Subash Gupta v. State
Case brief
What is this about?
The High Court of Delhi granted parole to a life convict for four weeks because his old, sick mother had no caregiver. The court verified his claims and release conditions in court despite earlier administrative rejections.
What did the court decide?
Released on parole for a period of four weeks subject to furnishing a personal bond with one surety, providing a mobile number, reporting to the local police station on Mondays, and surrendering at th
What the court decided
$~8.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 3577/2016 SUBASH GUPTA
..... Petitioner Through: Mr. Pramod Kr. Dubey, Adv. versus STATE ..... Respondent Through: Mr. R.S. Kundu, ASC with SI Manish Chaudhary, PS Shahdara
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 10.02.2017
The petitioner has preferred the present writ petition to seek parole for a period of three months. The ground for seeking parole is that his mother is old and sick and needs urgent attention. The petitioner claims that there is no other person to look after his old and ailing mother.
The application made to the State for parole has been rejected on the ground that the police verification report regarding verification of the address and grounds taken by the petitioner has not been obtained despite request.
The status report tendered in court is taken on record. The address as well as the fact the petitioner’s mother is sick and ailing has been got verified. It is also verified that the mother has no other person to look after her.
The nominal roll shows that his jail conduct is satisfactory. He has undergone 8 years 3 months and 2 days incarceration as on 19.11.2016. The petitioner is undergoing life sentence in case FIR 205/2008 under Section 302 IPC. He has been earlier released on parole/ furlough on various occasions and it is not reported that he has misused the said liberty.
Issues for consideration
1 issue framed by the court
Whether an order granting parole for a criminal with a sick mother, rejecting the application due to unverified reports but finding them verified in court, is legally sustainable.
Parties & counsel
- petitioner
SUBASH GUPTA
- respondent
STATE
Coram
VIPIN SANGHI
Case details
As recorded by the court registry
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