Naresh Alias Goga v. The State Gnctd

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1594/2024 NARESH ALIAS GOGA ..... Petitioner Through:

Ms. Sunita Arora, Adv. (DHCLSC) versus THE STATE GNCTD ..... Respondent Through:

Ms. Ruplai Bandhopadhya, ASC for State with Mr. Abhijeet Kumar, Adv.

with SI Devender Kumar PS P.V.

East Mr.

Vinod Kumar Yadav, Superintendent, Jail No. 2

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 05.06.2024 1.

The learned counsel for the petitioner submits that the petitioner's father expired sometime in December, 2023 and the petitioner came to know about his demise on 15.01.2024. Thereafter, the petitioner made an application seeking emergency parole on 19.01.2024. 2.

She submits that no decision on petitioner's application has been taken till date nor the status report has come on record. 3.

Needless to say that the release on parole is a statutory right of the petitioner. As per the Delhi Prison Rules, 2018 the decision on the parole application has to be taken within a period of 30 days from the date of application.

4.

Further, there is nothing on record to contradict the stand of the petitioner that his father passed away in December, 2023. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

A perusal of nominal roll also reveals that the maximum sentence awarded to the present petitioner is 3 years and he has already served more than 1 year 3 months and 08 days as on 08.02.2024. 6.

Considering the circumstances, this Court is of the view that the petitioner is entitled to parole. Accordingly, it is directed that the petitioner may be released on parole for a period of 30 days from the date of his release subject to his furnishing a Personal Bond in the sum of Rs. 10,000/- and one Surety Bond of the like amount to the satisfaction of the Jail Superintendent, further subject to the following conditions:- a) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

b) Petitioner shall not indulge in any criminal activity. 7.

Upon expiry of period of 30 days as stated above, the petitioner shall surrender before the Jail Superintendent.

8.

The petition stands disposed of.

9.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

10.

Order be uploaded on the website of this Court. 11.

Order dasti under signatures of the Court Master. VIKAS MAHAJAN (VACATION JUDGE) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

JUNE 5, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.