High Court of DelhiW.P.(CRL)/284/2017

Surender v. State

2017-07-20Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 284/2017 SURENDER ..... Petitioner Through Ms.Divya Chugh, Adv. for Mr.Ajay Verma, Adv.

versus STATE ..... Respondent Through Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar, Adv. for State.

ASI Davender PS Dabri.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 20.07.2017 The petitioner is aggrieved by the order dated 03.01.2017 passed by the competent authority whereby his prayer for being released on parole for the purposes of filing SLP before the Supreme Court of India and for taking care of his old mother and his minor brother has been rejected. At the time of consideration of the request of the petitioner, his address in the state of UP was not verified.

Learned counsel for the petitioner has drawn the attention of this Court to the nominal roll which indicates that the petitioner has been convicted under sections 302/323 of the IPC and has been sentenced to undergo RI for life. He has remained in jail for about 5 years by now and his conduct in jail has been satisfactory throughout. The address of the petitioner also has been now verified. The local

address of the petitioner has also been found to be correct. The local address of the petitioner is of the aunt of the petitioner. Taking into account the conduct of the petitioner in jail and the period of custody, this Court is inclined to grant parole to the petitioner for a specified period.

Let the petitioner be released for a period of four weeks, to be counted from the date of his release on his furnishing bond in the sum of Rs.5000/- with one surety of the like amount to the satisfaction of the Superintendent of the concerned jail.

The petitioner shall abide by the conditions listed below:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period.

b) The petitioner shall not engage himself in any unlawful activity. c) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station in Delhi and immediately after going to his home town i.e. Bareli in the State of U.P, he shall visit the local police station and get his presence marked.

d) He shall furnish his and his sureties' mobile telephone numbers to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained. The petitioner shall positively surrender on the expiry of the period. Any attempt of the petitioner to delay his surrender before the jail authorities would be viewed very seriously.

With these observations, the petition is disposed of.

The order be communicated to the Superintendent of the concerned jail for compliance and record.

Dasti.

ASHUTOSH KUMAR, J JULY 20, 2017 ab