Disposing of an appeal for parole, the court allowed it subject to restrictions, permitting only a two-day parole after the communication of the wife's childbirth, imposing standard jail conditions.
Appeal allowed; parole restricted to two days only after child's birth is communicated to jail authorities, subject to existing terms and conditions.
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YOGESH SHARMA @ RAHUL SHARMA ..... Appellant Through: Mr. Dhan Mohan, Ms. Harkamal Jeet Kaur, Ms. Tanu B. Mishra & Mr. Ravi Mishra, Advocates
versus
THE STATE (GNCT) ..... Respondent Through: Mr. Rahul Mehra, Standing Counsel with Mr. Chaitanya Gosain, Advocate
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 16.07.2018
CM No.27229/2018
Allowed, subject to all just exceptions.
The application is disposed of.
LPA No.364/2018
The nominal roll of the appellant would reveal that the appellant herein has been granted furlough and parole on 17 occasions. Since August, 2017, he has been on furlough and parole for varying period, on six occasions, including three weeks furlough w.e.f. 7.3.2018 to 28.3.2018 and two weeks parole w.e.f. 8.6.2018 to 22.6.2018. The last parole was granted, in view of the fact that the wife of the appellant was expecting and option had been given to the appellant to choose dates.
Keeping in view the fact that the wife of the appellant is expecting, we would allow the present appeal, but restrict the grant of parole to a period of two days only, after the birth of the child is duly communicated and informed to the jail authorities. The parole would be granted on the same terms and conditions, as were imposed while granting parole on the last occasion. The documents and bonds would be considered, examined and accepted by the Jail Superintendent, Tihar Jail, New Delhi.
Dasti under signature of the Court Master.
SANJIV KHANNA, J
CHANDER SHEKHAR, J
JULY 16, 2018 tp
1 issue framed by the court
Whether to allow the present appeal regarding parole grant under special circumstances.
Yogesh Sharma @ Rahul Sharma
The State (GNCT)
Sanjiv Khanna
Chander Shekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
