High Court of DelhiW.P.(CRL)/403/2019

Sunny @ Gattu v. State

2019-02-19Hon'Ble Mr. Justice Najmi Waziri2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 403/2019 SUNNY @ GATTU ..... Petitioner Through:

Ms.Simon Benjamin and Mr.Anushri Singh, Advocates for the petitioner versus STATE ..... Respondent Through:

Mr.Sanjay Lao, ASC for the State with SI Inder Pal, P.S. Madhu Vihar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.02.2019 Petitioner seeks parole to exercise his Constitutional right to file an SLP seeking acquittal against conviction and sentence for which he has been incarcerated for the past more than five years and three months. Out of the total punishment of seven years, he has earned remission of a year and he has to serve the remaining sentence which is less than a year. The conduct of the petitioner in jail is stated to be unsatisfactory, only because he was found to be carrying objectionable articles and inflicted injuries on himself. The learned counsel for the petitioner submits that assuming for a moment, that the petitioner had inflicted injuries to himself, it could perhaps be on account of frustration for being incarcerated for such a long time, but notably the petitioner is not stated to have assaulted anybody. His address in Delhi has been verified.

In view of the above, the petitioner is enlarged on parole for a period of four weeks from the date of his release on his furnishing a personal bond

in the sum of Rs.5,000/- with one surety of 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 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) He 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 stands 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 sent to the Jail Superintendent concerned, for compliance.

NAJMI WAZIRI, J FEBRUARY 19, 2019 ssn