HARPAL SINGH Vs. STATE OF NCT OF DELHI

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 Cr.P.C praying inter alia for grant of parole for a period of 3 months for the purpose of arranging funds and for filing an SLP before the Supreme Court of India, against the judgment dated 25.05.2010 passed by the High Court, dismissing Criminal Appeal No. 362/2008. The Petitioner has been sentenced to rigorous imprisonment for life by the Learned ASJ in FIR No. 294/2003 registered at PS Paschim Vihar, under Section 302 IPC.

(2.) The Counsel for the Petitioner states that the order dated 10.08.2010 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 the residential address of the Petitioner could not be verified, that both brothers of the Petitioner were also involved in criminal activities and that there was apprehension that the Petitioner would jump parole.

(3.) On the question of non-verification of the address of the Petitioner as mentioned in the parole application, the counsel for the Petitioner states that previously the Petitioner has been released on interim bail twice by the Ld. Trial court and the address mentioned in the application was the same address as the one mentioned in the present petition and that bail bonds were also submitted on the same address and on both the occasions, the address of the Petitioner was verified by the local police.