Rajender @ Lala v. State ( NCT Of Delhi)

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 857/2016 RAJENDER @ LALA ..... Petitioner Through:

Mr. Anurag Jain, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Rajesh Mahajan, ASC (Criminal) with Ms. Parul Jamwal, Advocate and SI Kuldeep Singh, PS- Model Town

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 17.03.2016 CRL.M.A.4706/2016 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.

W.P.(CRL) 857/2016 The present is a petition under Article 226 of the Constitution of India seeking a direction to the official respondent to release the petitioner on parole, in order to enable him to perform the traditional rituals on the death of his deceased brother.

Mr. Jain, learned counsel appearing on behalf of the petitioner invites my attention to the order passed by this Court on 29.02.2015 whereby this Court had directed the competent authority to dispose of the representation filed on behalf of the petitioner seeking parole, which was pending consideration, in accordance with law, within a period of five working days from that date. Notice.

Mr. Mahajan, learned Additional Standing Counsel (Criminal) accepts notice on behalf of the official respondent and states that owing to some official exigencies, the representation filed on behalf of the petitioner for parole is still

pending consideration before the competent authority. It is an admitted position that the brother of the petitioner has passed away and that his last rites are yet to be performed. In view of the foregoing and considering the exigency of the situation, it would be just, expedient and proper to release the petitioner on parole so as to enable him to perform the traditional rituals on the death of his deceased brother.

The petitioner shall, consequently, be released on parole for a period of two weeks from the date of his release subject to his furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of the Superintendent, Central Jail, Tihar subject to the following conditions:- (i) During the period the petitioner remains out on parole, he shall report to the SHO, Police Station- Model Town, Delhi once a week on every Monday.

(ii) The petitioner shall also provide the SHO, Police StationModel Town, Delhi with his mobile telephone number which he undertakes to keep operational.

(iii) The petitioner shall not leave the National Capital Territory of Delhi during the period of parole, without the prior permission of this Court.

(iv) The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole. The writ petition is disposed of accordingly. Dasti.

SIDDHARTH MRIDUL, J MARCH 17, 2016 dn