Afroz vs State (G.N.C.T. Of Delhi)
2016 Latest Caselaw 79 Del

#23
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 06.01.2016

W.P.(CRL) 13/2016

AFROZ                                                 ..... Petitioner
                           Through:     Mr. Azhar Qayum, Advocate

                           versus




STATE (G.N.C.T. OF DELHI)                           ..... Respondent

Through: Mr. Sanjay Lao, ASC (Criminal) with SI Mirtuja Khan, PS- Preet Vihar

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.180/2016 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 13/2016

1. The present is a petition under Article 226 of the Constitution of India

praying for a direction to the official respondent to release the petitioner on

parole in order to enable him to perform the last rites of his late father who is

stated to have passed away on 31.12.2015.

2. Notice.

3. Mr. Lao, learned Additional Standing Counsel (Criminal) accepts

notice on behalf of the official respondent and submits that although the

petitioner did not approach the competent authority in this behalf in the first

instance, in view of the circumstance that the petitioner's father has passed

away, the State would not oppose this petition.

4. In view of the foregoing, in the interest of justice and on humanitarian

ground, the present petition is allowed. The petitioner shall be enlarged on

parole for a further period of four weeks from the date of his release on the

same terms and conditions as imposed by the competent authority by way of

order dated 21.12.2015.

5. The writ petition is disposed of accordingly.

6. A copy of this order be given dasti under the signature of Court

Master to counsel for the parties. A copy of this order be sent to the

Superintendent, Central Jail, Tihar for necessary information and

compliance.

SIDDHARTH MRIDUL, J

JANUARY 06, 2016 dn