Petitioner sought direction for release on parole. The court rejected the plea citing the petitioner as a serious flight risk due to him jumping a previous parole and being re-arrested. Writ petition dismissed.
Request for release on parole rejected; writ petition dismissed.
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..... Petitioner Through: Mr. S. Seth, Advocate. versus STATE ..... Respondent Through: Mr. Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel alogn with SI Niranjan Kumar, PSBhajanpura, for the State.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 02.03.2017
The petitioner has preferred the present writ petition to seek a direction that he be released on parole for a period of three months. The application moved by the petitioner to seek parole has been rejected by the State vide order dated 30.09.2016 on the ground that when he was lastly released on parole w.e.f. 03.11.2010 to 03.12.2010, he jumped parole and was re-arrested on 13.07.2015 by the police.
The petitioner is undergoing a life sentence in case FIR No.59/2000 under Sections 363/ 364A/ 342/ 302/ 201 IPC registered at PS-Bhajanpura. Though he has undergone 12 years, 2 months and 29 days of incarceration
as on 07.02.2017, it is clear that the petitioner is a serious flight risk. Since not much period has elapsed from the time when he was re-arrested on 13.07.2015, I am not inclined to grant parole to the petitioner at this stage. The petitioner can prefer Special Leave Petition through the jail and his wife is there to look after his minor child.
Dismissed.
VIPIN SANGHI, J
MARCH 02, 2017 B.S. Rohella
2 issues framed by the court
Whether the petitioner is eligible for release on parole given his history of jumping parole.
Whether the petitioner's addiction to crime warrants denial of parole.
AJAY KUMAR TRIPATHI @ AKSHAY TRIPATHI
STATE
VIPIN SANGHI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
