Shyam Dev Yadav vs State
2009 Latest Caselaw 4425 Del

*  IN THE HIGH COURT OF DELHI AT NEW
DELHI

+      WP(Crl.) 1294/2009

                              Reserved on: October 23, 2009

                           Pronounced on: October 30, 2009

#      SHYAM DEV YADAV                          ..... Petitioner

!                            Through: Mr. Ajay Verma and
                                  Ms. Swati Gupta, Advocate

                         Versus

$      STATE
       (NCT OF DELHI)                       .....Respondents

^                            Through:Mr. Amit Sharma,
                             Addl.P.P.

CORAM:

    HON'BLE MR. JUSTICE V.K. JAIN

       1. Whether Reporters of Local newspapers may be
          allowed to see the Judgment? Yes

       2. To be referred to the Reporter or not? Yes

       3. Whether the Judgment should be reported in the
          Digest? Yes


V.K.Jain, J.

This is a writ petition under Article 226 of the

Constitution of India, seeking mandamus directing the

respondents to release the petitioners ON 3 months'

parole to enable him to file Special Leave Petition before

Hon'ble Supreme Court against judgment of this court

dated 25th May, 2009 in Crl.A.No.823/2007 and also to

enable him to maintain social ties with families and the

societies.

The petitioner was convicted u/s 302 IPC and

was sentenced to undergo imprisonment for life. The

appeal filed by him was dismissed by this court on 25 th

May, 2009. He submitted a petition to the respondent

on 29th June, 2009 for grant of parole for 3 months to

enable him to engage a competent lawyer to represent

him before the Hon'ble Supreme Court against the

judgment whereby his appeal was dismissed and to

arrange finance for that purpose.

The nominal roll received from the jail shows

his address as Jhuggi No.CN-531, Rajdhani Basti,

Yamuna Pusta, Delhi whereas the status report shows

that enquiry by police was made only at the address

given in the petition and it was found that the mother of

the petitioner is residing there with his younger brother.

The report further shows that the petitioner left his

family in childhood and started living at Yamuna Pushta,

Delhi. It is ALSO not known whether the petitioner is

married or not. The respondent is, therefore, directed to

make enquiry at the address given in the nominal roll

i.e. Jhuggi No.CN-531, Rajdhani Basti, Yamuna Pusta,

Delhi and report whether any member of the family of

the petitioner is residing there or not. The respondent

shall also enquire whether the petitioner is married and

if so who are the members of his immediate family i.e.

wife and children and where they are residing. The file

of Crl.A.No.823/2007 be also called.

List on 6th November, 2009.

(V.K. JAIN) JUDGE October 30, 2009/sk