Dismissed

Jitender Kumar v. the State of NCT of Delhi

Delhi HC1 Oct 2019LPA/651/2019

Case brief

AI extract

What is this about?

The High Court of Delhi dismissed an appeal against the rejection of a second parole application made within six months of a previous grant. The court found no merit in the appellant's claim of medical necessity for his mother as siblings were available to assist.

What did the court decide?

The Letters Patent Appeal was dismissed and the earlier order upholding the rejection of parole was affirmed.

Jitender Kumar Vs the State of NCT of Delhi — Criminal Trial and Appeal | Delhi HC (2019)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 1^st October, 2019

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- LPA 651/2019

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JITENDER KUMAR ..... Appellant Through Mr. Puneet Garg, Adv.

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versus

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THE STATE OF NCT OF DELHI ..... Respondent Through Mr. Rahul Mehra, Standing Counsel

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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O R D E R % 01.10.2019

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D.N. PATEL, CHIEF JUSTICE (ORAL) CM APPL. 44354/2019 (exemption)

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Allowed, subject to all just exceptions. Application is disposed of. LPA no. 651/2019

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This Letters Patent Appeal has been preferred by the appellant (original petitioner), whose writ petition being W.P. (Crl.) No. 2744/2019 was dismissed by the learned Single Judge vide judgment and order dated 24^th September, 2019 (Annexure P-1 in the memo of this appeal), whereby prayer of the appellant for grant of parole within a period of six months from the earlier parole was not accepted by the learned Single Judge and hence, the appellant (original petitioner) has preferred the present Letters Patent Appeal.

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LPA 651/2019

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Page 1 of 3

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Having heard the learned counsel for both the parties and looking to the facts and circumstances of the case, it appears that the appellant (original petitioner) has been convicted for life imprisonment for the offence committed under Section 364A read with Section 120-B of the Indian Penal Code, 1860. It further appears that earlier parole was given to the appellant (original petitioner) for the period running from 25^th June, 2019 to 9^th July, 2019.

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As per Rule 1210 of the Delhi Prison Rules, 2018, normally second parole within a period of six months cannot be granted. It also appears that within a period of six months from the first parole, an application was preferred by the appellant for grant of parole on the ground that operation of knee of the appellant’s mother is to be carried out.

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It appears that earlier, the date of said operation was fixed for 20^th September, 2019 and now, it is re-fixed for 4^th October, 2019. The appellant (original petitioner) is already having a brother and a sister residing in Delhi. Thus, both the brother and sister of the appellant, who are also the son and daughter of appellant’s mother, can take care of their mother. Much has been argued out by the counsel for the appellant that Rule 1210 of the Delhi Prison Rules, 2018 has certain exceptions. Looking to the facts and totality of the circumstances of the present case, we see no reason to entertain this Letters Patent Appeal as the siblings of the appellant are also residing in Delhi and operation of the appellant’s mother has been re-fixed for 4^th October, 2019, and no reason for the change of date has been submitted by the counsel.

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Hence, we see no reason to allow the Letters Patent Appeal as no error has been committed by the learned Single Judge while deciding

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LPA 651/2019

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Page 2 of 3

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W.P. (Crl.) No. 2744/2019 vide judgment and order dated 24^th September, 2019.

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Hence, there is no substance in this Letters Patent Appeal and the same is dismissed.

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CHIEF JUSTICE

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C.HARI SHANKAR, J.

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OCTOBER 01, 2019 r.bararia

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LPA 651/2019

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Page 3 of 3

Jitender Kumar v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Jitender Kumar v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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