High Court of DelhiW.P.(CRL)/756/2018

Amit v. State

2018-09-13Hon'Ble Ms. Justice Mukta Gupta2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 756/2018 AMIT ..... Petitioner Represented by:

Ms. Richa Dhawan, Advocate versus STATE ..... Respondent Represented by:

Mr. Rahul Mehra, Standing Counsel with Ms. Nandita Rao, ASC /GNCTD SI Prabhakaran, PS:Chhawla

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.09.2018 By this petition, the petitioner seeks parole on the ground that he has to look after his wife and two children, arrange funds and to re-establish social ties.

On notice being issued, status report has been filed. As per the status report, petitioner's family comprising of his wife and two children out of her first wedlock, were found residing at B-60, Block-B, Gali No.3, Qutub Vihar, Phase-I, Goyla Dairy, New Delhi, which is a tenanted accommodation.

As per the nominal roll, the petitioner has been convicted for the offences punishable under Section 302/IPC & 25 Arms Act and awarded life imprisonment. Including remission, the appellant has undergone nearly seven years imprisonment. Report of the jail conduct is satisfactory. The

petitioner was earlier granted parole for a period of one month with effect from 14th April, 2015 when the petitioner did not surrender in time and was re-arrested on 8th March, 2016. The petitioner has been produced in custody and states that he could not surrender at that time because he had married his present wife, which marriage was not accepted by his parents and thus, he needed time to settle his wife and her two children. Today, in Court Ms. Sumita Behat, who is the Maternal Aunt (Mammi), of the petitioner is present. She states that she is a Government employee in the Ministry of Health, North Block, New Delhi and would stand surety for the petitioner and this time, he will not commit any misconduct.

Considering the fact that the petitioner has roots in the society and his Maternal Aunt (Mammi) is ready and willing to stand surety, this Court deems fit to grant parole to the petitioner. It is therefore directed that the petitioner be released on parole for a period of four weeks from the date of his furnishing a personal bond in the sum of ₹ 25,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court. Petition is disposed of.

A copy of this order be communicated to the petitioner through Superintendent, Tihar Jail.

Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 13, 2018 P