Narender v. State

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1249/2019 NARENDER ..... Petitioner Through Ms Pallavi Sharma Kansal, Ms Ashu Chaudhary, Advocates.

versus STATE ..... Respondent Through Mr Chaitanya Bansal, Mr Shivani Sharma, Advocates for Ms Richa Kapoor, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.10.2019 1.

The petitioner has filed the present petition praying for grant of parole for a period of three months.

2.

The petitioner was convicted to serve seven years rigorous imprisonment for an offence under Section 392 read with Section 397 of the IPC. The petitioner had preferred an appeal against his conviction before this Court, which was dismissed by an order dated 15.11.2018. 3.

The petitioner has been in custody for a period two years and five months and has earned remission of a period of over eight months. The petitioner is yet to serve a period of approximately three years and ten months.

4.

The petitioner had sought parole for the purpose of filing a Special Leave Petition to challenge the order dated 15.11.2018, dismissing his appeal against his conviction. However, the same was denied, as in the view of the competent authority, the reason for seeking parole was not compelling.

5.

The petitioner relies on an order dated 04.02.2019 passed by this Court in W.P. (Crl.) 364/2019 whereby this Court had granted parole to the co-accused under similar circumstances.

6.

The status report has been filed which indicates that the address provided by the petitioner has been verified. The Jail Authorities have furnished the nominal roll which indicates that apart from one incident where the petitioner had abused and manhandled another convict, there is no other adverse report of any incident.

7.

In view of the above, 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, on his furnishing a personal bond in the sum of ₹15,000/- with one surety of the equivalent amount to the satisfaction of the Jail Superintendent. This is also subject to further following conditions: (i) The petitioner shall report to the SHO once a week (every Monday) during the period of the parole; (ii) He shall furnish his telephone number to the Jail Superintendent as well as to the concerned SHO and ensure that his mobile phone remains active at all times; (iii) He shall not leave the National Capital Territory of Delhi.

(iv) The petitioner shall surrender before the Jail Authorities on or before the expiry of parole period. 8.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J OCTOBER 17, 2019/ pkv