Birbal v. State

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 469/2016 BIRBAL ..... Petitioner Through:

Mr. S.B. Dandapani, Adv.

versus STATE ..... Respondent Through:

Ms. Richa Kapoor with Mr. Ashish Negi, Adv. for the State

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 02.05.2017 Crl. M.A.7171/2017 in W.P.(CRL) 469/2016 The petitioner was granted parole by an order of this court dated 31.03.2016.

The parole was granted by taking into account that his jail conduct for the last one year has been satisfactory. The petitioner, for securing his release, was directed to furnish bail bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent.

The petitioner was not in a position to furnish the aforesaid bond and the surety and hence he approached this court for modification of the order so that he could be released on furnishing his personal surety bond along with the cash surety. The aforesaid prayer of the petitioner was rejected by a bench of this court on 23.05.2016.

The petitioner was not released from the jail pursuant to the order referred to above.

The petitioner, in such an event, withdraws the present petition in order to enable him to apply to the competent authority afresh for grant of parole on the strength of his conduct and his having remained in custody for a long time without being afforded such privilege in recent past. This application is dismissed as withdrawn with the liberty to the petitioner to approach the competent authority for the needful. As and when such an application shall be filed though the Superintendent of Jail, the same shall be forwarded to the competent authority. ASHUTOSH KUMAR, J MAY 02, 2017 ns