Vipin Kumar v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 61/2018 VIPIN KUMAR ..... Petitioner Represented by:

Mr. Chetan Lokur with Mr.

Nitish Chaudhary, Advocates versus STATE ..... Respondent Represented by:

Mr. Jamal Akhtar, Adv. for Mr.

Rahul Mehra, Standing Counsel SI Ishvar Singh, P.S. Jaitpur

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.04.2018 By this petition the petitioner seeks parole and challenges the communication dated 13.11.2017 whereby his application for grant of parole on the ground of filing Special Leave Petition, arranging funds for the same and to maintain social ties was rejected. A status report has been filed. As per the status report the address of the petitioner has been verified to be H.No.C-1229, Sangam Vihar, New Delhi wherein his parents and other family members were found residing. This Court on 09.01.2018 noted that keeping in view the parole and furlough guidelines of GNCT of Delhi since the co-convict is already on parole, the present petition of the petitioner can be considered only after the co-convict surrenders. W.P.(CRL) 61/2017

Proxy counsel for the Standing Counsel has handed over the nominal roll of the co-convict Raman Kapoor, brother of the petitioner, as per which though he was granted parole however he is yet to avail the same. The petitioner cannot be denied parole indefinitely on the ground that the coconvict has not availed the parole facility. Considering the facts verified and the fact that only four months of unexpired portion of the sentence of the petitioner remains, this Court deems it fit to grant parole to the petitioner. It is therefore directed that the petitioner be released on parole for four weeks in the sum of ₹10,000/- with one surety of the like amount subject to the satisfaction of the Superintendent Tihar Jail.

Copy of this order be communicated to the petitioner through Superintendent Mandoli Jail.

MUKTA GUPTA, J.

APRIL 05, 2018 ns W.P.(CRL) 61/2017