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High Court of DelhiW.P.(CRL)/499/2017

Murari v. State

2017-02-15Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 499/2017 MURARI ..... Petitioner Through:

Ms. Manika Tripathy, Advocate.

versus STATE ..... Respondent Through:

Mr. R.S. Kundu, ASC along with SI Ravinder, PS-Bawana, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 15.02.2017 Issue notice. Mr. Kundu accepts notice. He has tendered a status report, which is taken on record.

The petitioner has preferred the present writ petition to seek a direction that he be released on parole for a period of 3 months. The ground taken by the petitioner is that the marriage of his daughter is fixed on 28.02.2017. A copy of the marriage card has been annexed with the petition.

Mr. Kundu submits on the basis of the status report that the verification has been got done and the petitioner's address as well as the fact of the marriage has been verified.

The nominal roll on record shows that the petitioner is undergoing a life sentence in case FIR No.365/2004 under Section 302 IPC registered at PS - Bawana. He has already undergone 12 years, 1 month and 05 days of

incarceration as on 17.01.2017. The jail conduct of the petitioner has been found to be satisfactory. He has been released on parole/ furlough from 2013 onwards and he was on furlough even till as late as between 24.10.2016 and 08.11.2016.

Since the fact of the marriage of the petitioner's daughter has been got verified, I am inclined to allow the petition. Accordingly, the petitioner is directed to be released on parole for a period of three weeks 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; and v) he shall also not indulge in any criminal activity while on parole. The order be communicated to the petitioner through the Jail Superintendant concerned.

VIPIN SANGHI, J FEBRUARY 15, 2017 B.S. Rohella