Naresh Gautam v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 496/2017 NARESH GAUTAM ..... Petitioner Through:

Mr. Neeraj Bhardwaj, Adv.

versus STATE ..... Respondent Through:

Mr. Rajesh Mahajan, ASC with Mr.

Peeyush Bhatia, Adv for State with SI Rajender Singh

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 20.03.2017 The petitioner has preferred the present petition to seek parole to prefer a Special Leave Petition before the Supreme Court against the dismissal of his appeal. The nominal roll on record shows that the petitioner is undergoing a sentence of 3 years rigorous imprisonment with fine in case FIR 435/2012 u/s 307/34 IPC registered at PS Paschim Vihar. As on 06.03.2017, the petitioner has undergone 1 year 4 months incarceration and he has spent one year in prison post his conviction. His jail conduct is satisfactory.

The status report states that the address of the petitioner has been verified by the State.

In these circumstances, there is no justification to deny parole to the petitioner at this stage. Accordingly, the petition is allowed. In these circumstances, the petitioner is directed to be released on parole for a period of one month subject to:

i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent; ii) 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;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iv) he shall duly surrender at the end of the period of parole; v) he shall also not indulge in any criminal activity while on parole vi) he shall file the proof of filing of SLP before the Supreme Court. A copy of this order be communicated to the petitioner through the Jail Superintendent.

VIPIN SANGHI, J MARCH 20, 2017 sr