Petitioner sought parole to perform last rites for his deceased grandmother. Court noted prior regular parole and furlough grants, finding no mandatory ground for further release. Petition dismissed.
None granted; parole application rejected.
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versus
THE STATE (GOVT OF NCT DELHI) & ANR ..... Respondent Represented by: Mr. Sanjay Lao, ASC with SI Krishan Lal, PS Tilak Marg.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 06.03.2018
By this petition, petitioner seeks parole for two months for completing last rites of his grandmother who passed away on 11th February, 2018 and to participate in the sataranvi ceremony which is to be held in the second week of March.
On a notice being issued status report has been handed over by learned ASC for the State which is taken on record. As per the status report statement of maternal uncle of the petitioner was recorded who stated that his mother and maternal grandmother of the petitioner passed away on 11th February, 2018 and sataranvi is to be held on 15th March, 2018. The maternal grandmother having expired on 11th February, 2018 almost all last rites appear to have been performed. Further a perusal of the nominal roll W.P.(CRL) 635/2018 page 1 of 2
reveals that in the last year petitioner was granted parole twice with an extension in the month of January & February, 2017 besides twice furlough. Even in the year 2018 the petitioner was on furlough w.e.f. 19th January 2018 for two weeks. Considering that the petitioner has been granted regular parole and furloughs and the presence of petitioner on 15th March, 2018 is not mandatory, this court finds no ground to grant parole to the petitioner.
Petition is dismissed.
MUKTA GUPTA, J.
MARCH 06, 2018 ‘yo’
page 2 of 2
W.P.(CRL) 635/2018
1 issue framed by the court
Whether a petitioner can be granted parole to complete last rites of deceased grandmother and participate in a ceremony which is not mandatory for his presence.
RAKESH SARAHA
THE STATE (GOVT OF NCT DELHI) & ANR
MUKTA GUPTA
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
