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High Court of DelhiW.P.(CRL)/779/2018

Ashish @ Kali @ Amar v. State

2018-09-17Hon'Ble Ms. Justice Mukta Gupta2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 779/2018 ASHISH @ KALI @ AMAR ..... Petitioner Represented by:

Mr. Archit Upadhayay, Advocate (DHCLSC).

Ms. Baby and Sunita, Sisters of petitioner in person.

versus STATE ..... Respondent Represented by:

Ms. Iti Pandey, Advocate for Ms. Nandita Rao, ASC for the State with Insp. Balbir Singh, PS Vijay Vihar, Delhi.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.09.2018 1.

By this petition, the petitioner seeks parole on the ground that he has to file SLP and also challenges the communication dated 12th February, 2018 whereby his application seeking parole to file SLP before the Hon'ble Supreme Court and to re-establish social ties was rejected. 2.

A status report has been handed over which is taken on record. The two sisters of the petitioner were found residing at H.No. U1/110, Kamla Niwas, Dharam Enclave, Prem Nagar-II, Delhi house of R.P. Pandey. The sisters have also undertaken to stand surety for the petitioner. 3.

As per the nominal roll the petitioner has been in continuous custody W.P.(CRL) 779/2018

since 31st December, 2010 that is the date of arrest in FIR No. 429/2010 under Sections 302/394/34 IPC registered at PS Vijay Vihar, Delhi. 4.

As per the state report. The petitioner is involved in six other cases and is BC of PS Sadar Bazar. Considering the fact that the petitioner has been in continuous custody for the last more than 7 years and has roots in the society, this Court deems it fit to grant parole to the petitioner, however, subject to stringent condition.

5.

Consequently, the petitioner is granted parole for a period of two weeks from the date of his release on 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.

6.

During the period of release on parole the petitioner will visit PS Nangloi, where her sisters are residing and where he would be residing, on every alternate day at 10:00 AM.

7.

Petition is disposed of.

8.

Copy of this order be communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

SEPTEMBER 17, 2018 'yo'

W.P.(CRL) 779/2018