SUNIL 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.PC praying inter alia for grant of parole for a period of three months to get medical treatment for his mother, arrange finance for the said treatment and re-establish social ties with his family and the society.

(2.) Counsel for the petitioner states that the application of the petitioner for grant of parole was rejected by the Govt. of NCT of Delhi on 01.04.2010 on the ground that there was an adverse report against him to the effect that his mother and other family members have no control over him and he never took care of his mother in the past. The rejection order noticed that there is an apprehension of the petitioner jumping the parole and causing harm to the complainant in the case. As per the status report, on enquiry, it was revealed that the mother of the petitioner is presently residing with her daughter at Chittranjan Park, New Delhi. She has two sons including the petitioner. It is stated that there are other members in the family to look after the mother of the petitioner and there is no urgency for her medical check-up.

(3.) A perusal of the nominal roll pertaining to the petitioner shows that against a quantum of sentence of five years' rigorous imprisonment and a fine of Rs. 2,000/- in respect of FIR No.617/2006 under Section 376/450 IPC, the petitioner has undergone a sentence of three years, three months and 22 days as on 20.03.2010 and earned remission of 2 months and 5 days on the said date. As on date, further seven months ten days are required to be added to the period of three years, three months and 22 days of the sentence already undergone by the petitioner.