Niranjan v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 493/2017 NIRANJAN ..... Petitioner Through Mr.Aditya Vikram, Adv.

versus STATE ..... Respondent Through Mr.Rahul Mehra, Standing counsel SI Deep Sharma PS Coonaught Place.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 13.07.2017 The request of the petitioner for being released on parole primarily for the purposes of looking after and providing medical facilities to his ailing father and also to re-establish social ties has been rejected by the competent authority by order dated 05.11.2016. The reasons assigned by the competent authority are adverse police report and the conduct of the petitioner not being satisfactory as he was punished for a jail offence on 09.02.2016. Learned counsel for the petitioner has drawn the attention of this Court to an earlier order passed by this Court whereby he was granted parole and during that period, no untoward incident was reported against him. He further submits that there is no material to support the assessment of the police regarding his conduct which could caste an adverse impact on society.

The petitioner also submits that he has remained in jail for about 11

years by now and even though he was given punishment on 09.02.2016, the competent authority has allowed him to come out of jail on furlough. After the aforesaid punishment, this Court has also released him on parole. The address of the petitioner has been verified. The verification report nonetheless indicates that apart from the petitioner, there are three other brothers who are looking after the ailing father. Be that as it may, the petitioner also has a pious duty as a son to perform and therefore that may not a ground for rejecting his parole.

Taking into account the aforesaid facts, which would include the petitioner not jumping the bonds in the past when he was released on bail either on parole or furlough, this Court is inclined to release the petitioner on parole for a specified period.

Let the petitioner be released on parole for a period of four weeks, to be counted from the date of his release, on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction Superintendent of the concerned jail.

The petitioner shall abide by the conditions listed below:- e) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. f) The petitioner shall not engage himself in any unlawful activity. g) The petitioner would not leave, under any circumstance, the National Capital Region of Delhi, without intimating the officerin-charge of the concerned police station. h) 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.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J JULY 13, 2017 ab