Kamal Kumar v. State

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2942/2019 KAMAL KUMAR ..... Petitioner Through:

Mr Piyush Goel and Mr Sandeep Kumar, Advocates.

versus STATE ..... Respondent Through:

Mr Jamal Akhtar, Advocate for Mr Rahul Mehra, Standing Counsel for State.

SI R.N.

Ashangsomatai, PS Mukherjee Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.02.2020 1.

The petitioner has filed the present petition seeking parole in connection with FIR No. 369/1995 under Sections 302/34 of the IPC registered with PS Mukherjee Nagar.

2.

The petitioner states that he had entered into a settlement with his wife and in terms of the said settlement, they had agreed to secure divorce by mutual consent. In addition, the petitioner had also agreed to pay her a sum of ₹1.5 lacs and return the gift items received from her and her family. 3.

It is stated that the petitioner had sought parole for filing the first motion for seeking divorce, which was granted by an order dated 17.09.2019 in W.P. (CRL.) 2582/2019 captioned 'Kamal Kumar v. State of NCT of Delhi'. The petitioner also states that he had paid a sum of ₹75,000/- to his wife and is required to make further payment of ₹75,000/- and also file the second motion.

4.

The aforesaid facts have been verified.

5.

In view of the above, the petition is allowed and the petitioner is directed to be released on parole for a period of two weeks from the date of his release on his furnishing a personal bond in the sum of ₹10,000/- and one surety of an equivalent amount to the satisfaction of the concerned Jail Superintendent. This is also subject to following further conditions: (a) The petitioner shall not leave the National Capital Territory of Delhi; (b)He shall provide his contact details and a mobile number and ensure that he is reachable at all times;

(c) The petitioner shall surrender on or before the termination of the parole period.

6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 27, 2020 RK