RATTAN PAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present petition through jail, praying inter alia for quashing of the order dated 28.01.2010 by which, his application for grant of parole was rejected, and seeking his release for a period of three months on parole to re-establish social ties with his family and make financial arrangements for them. While passing the impugned order, the respondent/State rejected the application of the petitioner for grant of parole on the ground that there was an adverse police report stating that the family of the victim and the people in the vicinity were shocked to hear that the petitioner was trying to come out of jail on parole and that the family of the victim was still in mental shock and the victim was trying to cope with frustration and stigma.

(2.) Notice was issued on the present petition on 23.03.2010 whereafter, a status report dated 13.07.2010 was filed by the respondent/State. In the status report, it was stated that enquiry through SHO, PS Farsh Bazar was conducted and the address of the petitioner was got verified; that the father of the petitioner was working as a rickshaw puller and the financial condition of the family of the petitioner was very poor. Rest of the averments were a reiteration of the grounds given in the impugned order dated 28.01.2010, for rejecting the request of the petitioner for grant of parole. Alongwith the status report, a communication from the Delhi Police is placed on the record wherein, it was noted that the family of the petitioner had sold their house situated in Shahdara and had shifted to District Ghaziabad, UP.

(3.) Counsel for the petitioner submits that the petitioner is entitled to grant of parole at least for a period of 30 days to enable him to restore his family ties and to try and arrange some funds and his family members who are on the verge of starvation.