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High Court of DelhiW.P.(CRL)/706/2017

Harmeet Singh @ Max v. State (Govt. Of NCT Of Delhi )

2017-05-22Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 706/2017 HARMEET SINGH @ MAX ..... Petitioner Through Mr. Anurag Jain, Adv.

versus STATE (GOVT. OF NCT OF DELHI ) ..... Respondent Through Mr. Avi Singh, ASC with Ms. Anya Singh, Adv.

ASI Rakesh Kumar PS Mangol Puri.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 22.05.2017 The petitioner is aggrieved by the order dated 01.02.2017 whereby his prayer for being released on parole has been rejected on the ground of the petitioner being a habitual offender and his involvement in six other cases. The competent authority was of the opinion that there would be an adverse impact on the victim and the law and order situation in case of his release on parole. The possibility of jumping of parole was also one of the grounds which weighed with the competent authority.

Learned counsel for the petitioner has drawn the attention of this Court to the entries in the nominal roll which indicate that he has remained in jail for more than 6 1⁄2 years and his conduct in jail has been satisfactory throughout.

Learned counsel appearing on behalf of the state submits that one of

the co-accused persons, who was released on parole has not surrendered and has jumped the bonds.

In response to the aforesaid statement, the petitioner has demonstrated that even after the co-accused had jumped the bail bonds, the petitioner was released on parole by an order of this court. It is further submitted on behalf of the petitioner that most of the cases in which the petitioner was found to be involved has ended in acquittal but for one more case in which he has been convicted. Be that as it may, taking into account the period of custody and the satisfactory jail conduct, this Court is inclined to release the petitioner on parole for a period of four weeks.

Let the petitioner be released on parole for a period of four weeks, to be counted from the date of his release, on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The petitioner shall abide by the conditions listed below:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. b) The petitioner shall not engage himself in any unlawful activity. c) The petitioner would not leave, under any circumstance, the National Capital Region of Delhi, without seeking permission of the officer-in-charge of the concerned police station. d) He shall furnish his and his surety's mobile telephone numbers to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J MAY 22, 2017 ab