High Court of DelhiW.P.(CRL)/375/2017

Somdev v. State NCT Of Delhi

2017-02-06Hon'Ble Mr. Justice I.S.Mehta2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 375/2017 SOMDEV ..... Petitioner Through:

Ms.Radhika Arora, Advocate.

versus STATE NCT OF DELHI ..... Respondent Through:

Mr.Ashish Aggarwal, ASC for State with SI Mahendra Koli, P.S. Subzi Mandi, Delhi.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.02.2017 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. filed on behalf of the petitioner Somdev seeking issuance of writ for quashing/setting aside the order passed vide letter bearing No.F.18/391/2015/HG/5736 dated 09.11.2016 whereby the prayer of the petitioner for grant of parole was rejected and for grant of parole to the petitioner.

Counsel for the petitioner has submitted that the petitioner is a convict and has been awarded sentence of seven years by the Trial Court and presently the petitioner is receiving sentence under Section 376 IPC. Counsel further submits that the conduct of the petitioner in the jail is satisfactory and hence he is entitled for grant of parole. Counsel for the petitioner further submits that there is no objection on behalf of the State and prays that the petitioner may be released on parole for a period of one month.

Learned Addl. Standing Counsel for the State has opposed the grant of parole to the petitioner.

Looking into the facts and circumstances, petition is allowed and the petitioner is granted parole for a period of fifteen days from the date of his release on the following conditions:- (i) On furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent concerned.

(ii) Petitioner is directed to furnish his contact number to the SHO concerned/Superintendent Jail.

(iii) He shall surrender before the concerned Superintendent Jail after the expiry of period of parole.

Copy of the order also be sent to SHO, Police Station-Subzi Mandi, Delhi & to the concerned Jail Superintendent for information and necessary compliance.

The present petition is disposed of accordingly. Copy of this order be given dasti to the counsel for the petitioner under the signatures of the Court Master, as prayed. I.S.MEHTA, J FEBRUARY 06, 2017 'dc'