HARI OM Vs. STATE

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 filing a SLP before the Supreme Court of India, against the judgment dated 25.01.2010 passed by the High Court, dismissing Criminal Appeal No. 605/2007 and for re-establising social relations with his family members. The Petitioner has been sentenced by the learned ASJ to undergo rigorous imprisonment for 12 years and pay a fine of '25,000/- in default thereof, simple imprisonment for 21/2 years in FIR No. 724/2007 registered at PS Sultan Puri, under Sections 363/376(2)(f) IPC. Vide order dated 28.01.2010, the High Court had reduced the sentence imposed on the Petitioner to three years rigorous imprisonment under Section 363 IPC and a fine of '5,000/- in default thereof, simple imprisonment for 3 months and ten years rigorous imprisonment under Section 376(2)(f) IPC and a fine of '15,000/- in default thereof, simple imprisonment for 6 months with the directions that both sentences were to run concurrently.

(2.) The Counsel for the Petitioner states that the order dated 24.06.2010 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 to the Petitioner on the ground that the victim, who was a minor at the time of the incident and still is a minor, is residing next door to the Petitioner and his release may traumatize her and affect her mental growth.

(3.) The nominal roll of the Petitioner was called for. As per the said nominal roll, against a quantum of sentence of ten years rigorous sentence, the Petitioner has already undergone a sentence of six years, one month and twenty nine days as on 3.09.2010 and earned remission for one year, one month and twenty one days. His jail conduct for the past one year is stated to be satisfactory.