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High Court of DelhiW.P.(CRL)/410/2017

Ajeet Singh v. State

2017-02-13Hon'Ble Mr. Justice P.S.Teji3 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 410/2017 AJEET SINGH ..... Petitioner Through:

Ms. Neha Kapoor, Advocate.

versus STATE ..... Respondent Through:

Ms. Nandita Rao, ASC along with SI Davinder Kumar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 13.02.2017 Ms. Rao has tendered the latest nominal roll as well as a status report. The same are taken on record.

The petitioner seeks parole for a period of two months to arrange funds for construction of his house and supervise the construction work. He also seeks parole to attend a wedding ceremony fixed for 15.02.2017. The facts stated by the petitioner have been got verified and found to be correct. The status report points out that two other accused, namely Subhash Chander and Sandeep Ahlawat are presently on parole. The accused Subhash Chander was granted parole on the ground of CABG and after operation from Safdarjung Hospital, his parole was extended by 8

weeks from 08.02.2017. The accused Sandeep Ahlawat has also been granted parole by this Court on the ground of filing of SLP which was extended for a week on 07.02.2017.

Ms. Rao submits that even if the grant of parole to Subhash Chander were to be ignored on account of the fact that he has undergone a serious surgery and is recuperating, the parole granted to Sandeep Ahlawat simultaneously would be a matter of concern. In case the petitioner were to be released on 14.02.2017 in the evening, the only common day when they would be out would be 15.02.2017 when the wedding has to take place. The nominal roll shows that the petitioner, who is undergoing a life sentence in case FIR No.175/2001 under Section 364A/ 343/ 120B/ 34 IPC registered at PS - Ashok Nagar was lastly released on parole between 20.11.2014 and 18.12.2014 by this Court, whereafter in the years 2015 and 2016, the petitioner has availed of furloughs on account of his jail conduct found to be satisfactory throughout.

In view of the aforesaid position, I am inclined to allow the present petition. The petitioner is directed to be released on parole on 14.02.2017 in the evening for a period of four weeks subject to: i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent; ii) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole;

iv) he shall duly surrender at the end of the period of parole; and v) he shall also not indulge in any criminal activity while on parole. Dasti.

VIPIN SANGHI, J FEBRUARY 13, 2017 B.S. Rohella