Mahesh Prasad v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3270/2019 MAHESH PRASAD ..... Petitioner Through:

Mr Siddharht Yadav, Advocate.

versus STATE ..... Respondent Through:

Ms Kamna Vohra, ASC for State with SI Harikesh Meena, PS Tilak Marg.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.11.2019 1.

The petitioner has filed the present petition, inter alia, praying that he be granted parole for a period of thirty days to attend his son's wedding. The status report had been filed, which indicates that it has been duly verified that the marriage of the petitioner son is scheduled to be solemnized at Village Post Bhairoli District, Gorakhpur, UP. 2.

The petitioner was tried of an offence in relation to FIRs No.110/1987 and 141/1987 under Sections 302/364/201/120-B/34 of the IPC registered with PS Link Road, Ghaziabad and PS Murad Nagar, UP. The petitioner was initially acquitted by the trial court.

However, he was subsequently convicted by a judgment dated 31.10.2018 in the appeals preferred by the State. The petitioner has been sentenced to rigorous imprisonment for life and a fine of ₹30,000/-. It is stated that a Special Leave Petition against the said judgment dated 31.10.2018 is pending before the Supreme Court.

3.

The nominal roll indicates that as of 25.11.2019, the petitioner has already undergone a period of one year and four days in custody and also earned remission of two months and four days. His conduct in jail is reported to be satisfactory. It is stated that there are fifteen other co-accused who are serving time in custody.

4.

In view of the above, this Court considers it apposite to allow the present petition and direct that the petitioner be released on parole for a period of one week from the date of his release on the petitioner furnishing a personal bond in the sum of ₹25,000/- and two sureties of an equivalent amount to the satisfaction of the concerned jail superintendent. 5.

The petitioner shall report to the local police station on reaching his village/the village where the wedding is scheduled to be solemnized. He shall also provide his mobile number and ensure that he is reachable on it at all times.

6.

The petition is disposed of.

7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J NOVEMBER 26, 2019 MK