← Library
High Court of DelhiW.P.(CRL)/309/2019

Mukesh Kumar v. State

2019-02-08Hon'Ble Mr. Justice Najmi Waziri2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 309/2019 MUKESH KUMAR ..... Petitioner Through: Mr. Aditya Vikram and Mr. Avinash, Advs. (DHCLSC) versus STATE ..... Respondent Through: Mr. Jamal Akhtar, Adv. for Mr. Rahul Mehra, Standing Counsel for the State with ASI Puran Singh, P.S. Gokul Puri.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 08.02.2019 The petitioner seeks parole to maintain his social ties and family relations. His request was declined by the Government on the ground that he has already been granted three weeks' furlough by the State which he has not availed, therefore, there would be no necessity for the parole. The Court would note that according to the Nominal Roll, the petitioner had enjoyed a furlough of three weeks beginning 30.10.2018. Therefore, when his request for parole was considered by the Government, there was no granted furlough pending to be availed by him. Therefore, the order is ill-founded. The petitioner is a life convict. He has been incarcerated for 11 years and 11 months and has been granted bail, furlough and parole on 16 occasions and except for a delay of one day in 2014, he has otherwise not misused the said liberty.

In view of the above, the petitioner is granted parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent concerned subject to the following conditions:- (1) The petitioner shall report to the concerned SHO once a week on during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times (3) She shall not leave the territory of NCT of Delhi. (4) The petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed off. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master and a copy be also communicated to the Jail Superintendent through the IO concerned. NAJMI WAZIRI, J FEBRUARY 08, 2019/acm