SONU DAHIYA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Writ Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as "Cr.P.C.") has been filed on behalf of the Petitioner, Sonu Dahiya with the prayer that the period from 14/7/2020 to 15/3/2021 and 26/8/2021 to 20/11/2021, i.e. 10 months and 27 days of emergency Parole, be included in computing the period of Sentence undergone by the Petitioner in FIR No.0036/2011 under Ss. 302/201/34 IPC (hereinafter referred to as "IPC"), registered at PS: Vasant Kunj South, Delhi.

(2.) Petitioner submits that he was convicted and sentenced on 5/3/2014 for offence under Ss. 302/201/34 IPC, which were directed to run concurrently. The Appeal vide CRL.A.09/2015 was preferred before this Court in 2015 against the conviction. During the pendency of Appeal, he filed a Bail Application under Sec. 389 Cr.P.C. seeking interim suspension of sentence for a period of eight weeks for the purpose of repair and take care of his house, which was allowed by this Court on 22/6/2020. He was accordingly released on Bail on 14/7/2020 and the period was extended from time to time till 15/3/2021. Thereafter, he was again granted interim Bail by this Court for a period of three weeks and he was released on 26/8/2021 which was also extended till 20/11/2021.

(3.) The Appeal was dismissed on 23/12/2022 by this Court. SLP filed vide Diary No.35103/2023 was dismissed by the Apex Court on 6/10/2023.