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2022 Supreme(Del) 497

ASHA MENON
Rakesh @ Diwan – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Faraz Maqbool, Ms. Vismita Diwan, Mr. Chandan Kumar.
For the Respondents: Ms. Kamna Vohra, Abhishek.

JUDGMENT :

Asha Menon, J.

1. This petition has been filed under Section 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of eight weeks on the grounds of filing Special Leave Petition (for short “SLP”).

2. Mr. Faraz Maqbool, learned counsel for petitioner, submitted that the petitioner has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) vide judgment dated 19th December, 2019 and has been sentenced to undergo rigorous imprisonment for a period of 14 years vide order on the sentence dated 18th January, 2020 in case FIR No. 513/2013, registered at P.S. Okhla, Delhi. This conviction was challenged before this court vide CRL.A. No. 454/2020. However, the same was dismissed vide judgment dated 10th August, 2021 and this Court upheld both, the conviction as well as the sentence.

3. Learned counsel for petitioner submitted that the petitioner is presently confined in Central Jail No. 5, Tihar and has already undergone incarceration of about 8 years out of rigorous imprisonment

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