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High Court of DelhiW.P.(CRL)/836/2018

Rakesh Kumar v. State

2018-07-06Hon'Ble Ms. Justice Mukta Gupta2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 836/2018 RAKESH KUMAR ..... Petitioner Represented by:

Kumar Vaibhaw, Advocate versus STATE ..... Respondent Represented by:

Ms.Kamna Vohra, ASC for the State with Insp.Satyavir Janaula, PS Bindapur, Dwarka

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.07.2018 1.

By this petition, the petitioner seeks parole on the ground that he has to file a special leave petition and also challenges the communication dated 21st February, 2018 whereby his application for grant of parole was rejected by the Competent Authority. A status report has been handed over which is taken on record.

2.

As per the status report, the family of the petitioner comprises of his mother and one brother who are residing at Sahibabad (UP). Further the petitioner has two sisters who are residing in their matrimonial homes. Petitioner is stated to be unmarried. A perusal of the nominal roll of the petitioner reveals that he was in custody from 9th January, 2013 till his sentence was suspended in appeal by this Court vide order dated 2nd June, 2017 and on dismissal of the appeal on 13th November, 2017 the petitioner W.P.(CRL) 836/2018

surrendered on 20th November, 2017.

3.

Since the petitioner has roots in the society and even when his sentence was suspended during the pendency of the petition, he did not misuse the concession granted to him, this Court deems it fit to grant parole to the petitioner. It is, therefore, directed that the petitioner be released on parole for a period of 4 weeks on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court further subject to the condition that the surety would be a family member of the petitioner.

4.

Petition is disposed of.

5.

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

6.

Order dasti.

MUKTA GUPTA, J.

JULY 06, 2018 mamta W.P.(CRL) 836/2018