Sanjay Dass v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2643/2019 SANJAY DASS ..... Petitioner Through Mr Kunal Malhotra and Mr Vivek Kumar, Advocates.

versus STATE ..... Respondent Through Mr Amarpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel.

SI Sanjay Kaushik, P.S. Roop Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.09.2019 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 20.08.2019, whereby his application for parole was rejected. 2.

A plain reading of the impugned order indicates that the petitioner's request was rejected on the ground that he was convicted for a brutal and heinous crime and the grounds on which the parole was sought, were not found genuine.

3.

The petitioner had sought parole on two grounds. First, that his parents are aged. And, second, on the ground that he is required to look after his son, who is seven months old.

4.

It is seen that the petitioner was sentenced to undergo rigorous imprisonment for life with a direction to consider pre-mature release after 25 years of actual sentence. A fine of ₹3,500/- was also imposed on him and in

default of the same, he would have to undergo further simple imprisonment for a period of ten months. As on 30.09.2019, the petitioner has been in custody for the last twelve years, ten months and eight days. It is seen that the petitioner was released on furlough on seven occasions. He has also been granted parole on four earlier occasions. The last parole granted to the petitioner was for a period of four weeks on 02.06.2018 to 30.06.2018. The last furlough granted to the petitioner was for a period of two weeks from 06.04.2019 to 20.04.2019. There is no allegation that he had misused his liberty in any manner. The nominal roll indicates that the petitioner's conduct in jail has been satisfactory.

5.

The status report indicates that the petitioner's address has been verified.

6.

Considering that the petitioner has not misused the liberty granted to him earlier, this Court considers it apposite to allow the present petition and direct the release of the petitioner on parole for a period of three weeks from the date of his release. The petitioner be released on parole for a period of three weeks, on him furnishing a personal bond in the sum of ₹10,000/- and a cash surety of the like amount to the satisfaction of the Jail Superintendent. The petitioner shall provide his contact details and ensure that he is reachable at all times.

7.

The petition is disposed of.

VIBHU BAKHRU, J SEPTEMBER 18, 2019 pkv