LALIT KUMAR @ SONU Vs. STATE OF (NCT) DELHI

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure praying inter alia for grant of parole for a period of three months to enable him to file a SLP in the Supreme Court against the judgment dated 20.9.2010 passed by a Division Bench of this Court in Crl. A. No. 711/2009, upholding the judgment of conviction and order on sentence awarded against the Petitioner.

(2.) The nominal roll of the Petitioner reveals that against the quantum of sentence of 10 years rigorous imprisonment and fine of 2,000/-, in default of payment of fine, simple imprisonment for a period of 6 months, as on 16.8.2010, the Petitioner has undergone sentence for a period of 5 years 3 months and 3 days, and earned remission for a period of 5 months and 17 days, thus leaving unexpired portion of sentence for a period of 4 years 3 months and 10 days. As on date, the remaining period of sentence of the Petitioner would be about 3 years and 8 months, approximately. The nominal roll dated 16.8.2010 of the Petitioner further reveals that his jail conduct for the past one year was unsatisfactory and a punishment was imposed on him on 9.2.2010 by stopping his mulakat for a period of one month.

(3.) In the status report filed by the SHO, PS Badarpur, Delhi, it is stated that the reason for rejecting the application for grant of parole filed by the Petitioner, was the fact that his jail conduct had been unsatisfactory for the past one year. As per the status report filed by the Superintendent Jail, it is stated that the Petitioner was punished for committing jail offence of misbehaving and using abusive language with the guard on duty on 9.2.2010.