Anil Kumar v. State (NCT Of Delhi)

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 776/2024 ANIL KUMAR ..... Petitioner Through:

Mr. Siddharth Yadav, Adv. (through VC).

versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr.

Ashvini Kumar and Ms. Chavi, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 02.04.2024 1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:- "In light of the above mentioned facts and circumstances, it is most respectfully prayed that, this Hon'ble Court may be pleased to:- a) Issue a writ in the nature of Mandamus granting parole to the petitioner for a period of thirty (30) days in FIR No. 404/2010, U/S 302/392/394/397/414/34/120B IPC, P/S Samaypur Badli; b) Pass such further order(s) as this Hon'ble Court deems fit and proper."

2.

Learned counsel for the petitioner submits that the application seeking parole for attending his niece's marriage has not been decided till date by the competent authority.

3.

Status report authored by Station House Officer, P.S. Samaypur Badli, Delhi has been filed verifying the factum of marriage of petitioner's niece The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which is scheduled from 15.04.2024 to 20.04.2024. 4.

Nominal roll dated 28.03.2024 received from Superintendent, Central Jail No.02, Tihar, New Delhi, shows that the applicant has been released on parole on previous occasion and he had duly surrendered after the completion of the same without misusing the liberty granted to him. 5.

In this view of the facts and circumstances, the present petition is partly allowed. The petitioner is granted parole for a period of 10 days from the date of his release, subject to the following conditions: - i. The petitioner shall furnish a personal bond in the sum of Rs. 10,000/- with one surety of the like amount, who shall be a family member of the petitioner, to the satisfaction of the Jail Superintendent/Trial Court.

ii.

The status report reflects that the petitioner resides at H. No. A-263, Gali No. 5, Prem Vihar, Karawal Nagar, P.S. Karawal Nagar, Delhi - 110094.

In case of any change of address, the petitioner is directed to inform the same to the Investigating Officer and the concerned learned Trial Court.

iii. The petitioner shall not leave the National Capital Territory of Delhi during the period of parole.

iv. The petitioner shall furnish a telephone number to the Jail Superintendent on which he can be contacted, if required. After his release, he shall also inform his telephone number to the SHO of the police station concerned.

v. Immediately upon the expiry of period of parole, the petitioner shall surrender before the Jail Superintendent. vi. The period of parole shall be counted from the day when the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner is released from jail.

6.

The petition is accordingly partly disposed of. 7.

Pending application(s), if any, also stands disposed of. 8.

Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

9.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J APRIL 02, 2024/nk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.