Abdul Kareem @ Gulab Ahmad v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1517/2019 ABDUL KAREEM @ GULAB AHMAD ..... Petitioner Through Mr Adit S. Pujari, Advocate.

versus STATE ..... Respondent Through Mr Ranbir Singh Kundu, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.09.2019 1.

The petitioner has filed the present petition, inter alia, praying that the petitioner be released on parole for a period of two months to file a Special Leave Petition in the Hon'ble supreme Court and to maintain social ties with his family.

2.

The petitioner's application for parole was rejected on 12.04.2019 on the ground that the reasons indicated by him were not compelling. 3.

The petitioner was convicted for the offence under Section 302 IPC and was sentenced to rigorous imprisonment for life and a fine of ₹7,000/-. The petitioner has already served a period of seven years and twenty-four days in custody. He has also earned remission of one year and six months. The nominal roll furnished indicates that his conduct in the jail has been satisfactory.

4.

The learned APP also submits that there were three co-accused. One

of them (Nizamuddin) was acquitted and one other co-accused (Zia-ul-haq) has already been granted parole.

5.

Mr Pujari, learned counsel appearing for the petitioner submits that there have been floods in Bihar and the petitioner is concerned with the welfare of his family, as his family house has also been affected by floods. 6.

The respondent has also verified the address of the petitioner. 7.

In view of the fact that the petitioner has already served seven years and twenty-four days in custody and his conduct has been satisfactory, this Court considers it apposite that the petitioner be released on parole. 8.

The reasons provided by the petitioner that he has to file an SLP and to maintain social ties with his family, are clearly sufficient for the said purpose.

9.

In view of the above, the present petition is allowed and it is directed that the petitioner be released on parole for a period of four weeks, subject to the petitioner furnishing a bond in the sum of ₹10,000/- with a surety of the equivalent amount to the satisfaction of the concerned Jail Superintendent. The petitioner and his surety shall give their respective contact numbers to the police authorities and ensure that they are reachable on all times. 10.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J SEPTEMBER 03, 2019 pkv