Wahid Ahmed v. State

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 725/2019 WAHID AHMED ..... Petitioner Through:

Mr. Puneet Loy, Advocate.

versus STATE ..... Respondent Through:

Ms. Purnima, Advocate for Mr. Avi Singh, ASC for the State with SI Ashwani, PSSeelampur.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.03.2019 The present writ petition has been filed under Article 226 & 227 of the Constitution of India read with Section 482 Cr.PC seeking direction for release of the petitioner for three months on parole on the ground of marriage of his granddaughter.

Status report has been filed on behalf of the State. Heard. Record perused.

Perusal of the nominal roll of the petitioner shows that he is undergoing life imprisonment for the offence punishable under Section 302 IPC with fine of Rs.2,000/- and in the event of failure of payment of fine, to further undergo simple imprisonment for two months in case FIR No.615/2005 under Sections 302/34 IPC registered at Police Station - Seelampur. The petitioner has already undergone 11 years 04 month and 13 days of incarceration and also earned remission of 02 years and 07 months as on 13.03.2019. The petitioner was also granted parole also by this Court on earlier occasions. The jail conduct of the petitioner has been found to be satisfactory.

The appeal preferred by the petitioner was dismissed vide order dated 11.08.2011 of this Court.

The status report filed by the State goes to show that the address provided by the petitioner has been got verified. It has also verified the factum of marriage of Ms. Zainab Islam, granddaughter of the petitioner, which has been scheduled for 20.03.2019.

In these circumstances, the present petition is allowed. The petitioner is directed to be released on parole for a period of four weeks from the date of his release, subject to :

vi) his furnishing personal bond with one local surety in the sum of Rs.25,000/- to the satisfaction of the Jail Superintendent; vii) he shall report at the local police station to mark his attendance on every Friday at 11:00 a.m. during the period of parole; viii) he shall duly surrender at the end of the period of parole; ix) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

x) he shall also not indulge in any criminal activity during the period of parole.

Dasti under the signatures of the Court Master. A copy of this order be communicated to the Jail Superintendant concerned.

SANGITA DHINGRA SEHGAL, J MARCH 14, 2019 gr