KALAWATI Vs. SUMIT

JUDGEMENT

(1.) The present writ petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying inter alia for grant of parole for a period of 3 months for the purpose of taking care of her aged husband who it is stated, is above 80 years of age, sick and bed-ridden and requires medical care. The Petitioner has been sentenced to undergo rigorous imprisonment for life by the Learned ASJ in FIR No. 211/2002 registered at PS Khajoori Khas, under Sections 302/307/498A/34 IPC. The appeal filed by the Petitioner against the judgment of the learned ASJ has been dismissed by a Division Bench of this Court.

(2.) Counsel for the Petitioner states that the order dated 12.11.2009 passed by the Govt. of NCT of Delhi, rejecting the application of the Petitioner for grant of parole may be set aside. A perusal of the order of rejection shows that parole has been denied on the grounds that it was found that the address furnished by the Petitioner did not belong to her and that no family member of the Petitioner was residing at the said address.

(3.) The nominal roll of the Petitioner was called for. As per the said nominal roll against a quantum of sentence of life imprisonment and a fine of Rs. 7000/- in default thereof, simple imprisonment for seven months, the Petitioner has undergone a sentence of five years, eleven months and twenty four days as on 09.03.2010 and earned remission for one year, one month and fifteen days. Her jail conduct for the past one year is stated to be satisfactory.