High Court of DelhiW.P.(CRL)/515/2017

Mangal Ram v. State Of NCT Of Delhi

2017-02-21Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 515/2017 MANGAL RAM ..... Petitioner Through:

Ms. Neha Kapoor, Adv.

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

Mr. Sanjay Lao, ASC with Mr.

Siddarth Sindhu, Adv. for State with PS Devender, PS Dabri

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 21.02.2017 Issue notice. Notice is accepted on behalf of the State. Mr. Lao has tendered in court the status report which is taken on record. The petitioner is seeking parole on the ground that his son is getting married. This fact has been verified by the State. The son of the petitioner is getting married on 23.02.2017. The nominal roll brought on record shows that the petitioner is undergoing a life sentence in case FIR 454/1992 under Section 302 IPC. He has already undergone 11 years 9 months and 15 days incarceration as on 17.02.2017. He has earlier been released on parole/ furlough on several occasions. There is no report of his indulging in any crime while on parole/ furlough. However, on 12.08.2016, when he was released on furlough, the petitioner surrendered late by 11 days.

Counsel for the petitioner submits that the petitioner had gone to Rajasthan and he had fallen sick. This statement is made by the counsel on the instructions from the petitioner's son. However, there is no record produced in this regard.

Keeping in view the fact that the petitioner's son is getting married, even though the petitioner surrendered late on the last occasion, I am inclined to take a lenient view. However, the period of parole deserves to be curtailed in view of the late surrender by the petitioner on the last occasion. In these circumstances, the petitioner is directed to be released on parole at the earliest for a period of two 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. Order dasti under the signatures of the Court Master. VIPIN SANGHI, J FEBRUARY 21, 2017 sr