Ashraf v. State

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• IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 19	52/2018
ASHRAF	Represented by:	..... Petitioner Ms. Sunita Arora, Adv
	versus
STATE		..... Respondent
	Represented by:	Mr. Sanjay Lao, ASC with Ms. Hemlata, Adv SI Pushpendra Singh, PS Chandni Mahal

CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R % 11.09.2018

By this petition petitioner seeks parole on the ground that he has to reestablish social and family ties and has to file special leave petition (SLP).

A status report has been filed. As per the status report, application of the petitioner seeking parole was rejected on the ground of unsatisfactory conduct of the petitioner in the jail. Further, mother of the petitioner has already expired 11-12 years ago. Mohd. Jahid, brother of petitioner was examined who stated that they were seven brothers namely Ahsraf, i.e., the petitioner, Umar, Amzad, Jahid, Sammi, Faisall and Akbar all of whom are residing at House No. 1182, Gali Hakim Naim Beg Wali, Chandani Mahal, Kucha Faulathan, Kala Mahal, Daryaganj, Delhi. They have three sisters all of whom are married and residing with their families separately. W.P.(CRL) 1952/2018 P-1/2

A perusal of the nominal roll reveals that Sammi, the other brother of the petitioner was also convicted by the impugned judgment and in appeal, the said judgement was upheld. However, it appears that the sentence of Sammi was suspended during the course of appeal and after the dismissal of appeal, he has not surrendered. Further, petitioner was also declared proclaimed offender when FIR 95/2010 was registered and he could be arrested only on 25^th April, 2011 for which reason Section 174A IPC was invoked during the trial.