Jagdish Nautiyal v. The State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 304/2017 JAGDISH NAUTIYAL ..... Petitioner Through:

Mr.Anwesh Madhukar, Advocate.

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

Ms.Nandita Rao, ASC for State.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.03.2017 Crl.M.A.No.3953/2017 in W.P.(CRL) 304/2017 This is an application under Section 482 Cr.P.C. filed on behalf of the petitioner for early hearing of the present petition. For the reasons stated in the application, the prayer for early hearing is allowed and the matter is taken up for consideration today itself. Application stands disposed of.

W.P.(CRL) 304/2017 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on 3 months parole for arranging counsel in order to file SLP in the Hon'ble Supreme Court of India and to maintain family relations and re-establish ties with the main

stream of the society.

Learned counsel for the petitioner submits that the petitioner/convict is in J/C since 12.01.2015 and as per the nominal roll as on 25.02.2017, he has already spent one year, 10 months and 27 days in jail. Counsel for the petitioner further submits that the petitioner wants to file SLP before the Hon'ble Supreme Court and seeks parole for a period of one month for this purpose.

Learned Addl. Standing Counsel for the State submits that she has no objection if the prayer for grant of parole is allowed and the petitioner is released on parole.

Keeping in view the facts and circumstances and in the interest of justice and for the reasons mentioned in the writ petition, the petitioner is ordered to be released on parole for a period of one month effective from the date of his release on the following conditions:- (i) The petitioner shall furnish personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent concerned. (ii) He is further directed to report to the concerned SHO, Police Station- CWC Nanakpura, New Delhi on every Monday at 11:00 am during this period.

(iii) He is also directed not to contact, threaten or coerce the victim or any of her family members during this period or to indulge in any illegal activities.

(iv) He is also directed to furnish his contact number to the SHO concerned.

(v) He is to surrender before the Superintendent Jail after the

expiry of period of parole.

Petitioner be informed through the concerned Superintendent Jail. Copy of the order be also sent to SHO, Police Station-CWC Nanakpura, New Delhi & to the concerned Jail Superintendent for information.

Petition stands disposed of accordingly. The date already fixed in the matter as 13th April, 2017 stands cancelled.

A copy of the order be given dasti to counsel for the petitioner, as prayed.

I.S.MEHTA, J MARCH 07, 2017 'dc'