Sanjay Mandal v. State

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 980/2016 SANJAY MANDAL ..... Petitioner Through Mr. O.P. Saxena, Advocate versus STATE ..... Respondent Through Mr. Avi Singh, ASC (Crl.) SI Ashish Sharma, PS Sadar Bazar

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 13.05.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 praying for a direction to the official respondent to release the petitioner on parole for three months in order to enable him "to file SLP before the Hon'ble Supreme Court of India; to arrange funds for the same; and also to maintain the social ties". In view of the circumstance that the status report filed on behalf of the official respondent clearly delineates the unsatisfactory conduct of the petitioner as well as the fact that the latter is stated to be involved in 13 other criminal cases, Mr. O.P. Saxena, learned counsel appearing on behalf of the petitioner limits the relief in the present petition to a direction to the competent authority to grant him custody parole so as to enable him to file the proposed special leave petition.

The above-stated limited prayer is not opposed on behalf of the State subject to the condition that custody parole may be permitted only for a specific date, time and location.

In view of the foregoing, the present petition is partially allowed.

The Jail Superintendent, Tihar, Delhi shall take the petitioner in custody to the office address of the lawyer in Delhi, to be engaged by the petitioner herein for the purpose of instituting the proposed special leave petition before the Supreme Court of India, for a day as and when the petitioner furnishes the requisite particulars in that behalf before the jail authorities. It is made clear that the aforesaid custody parole shall be limited to a single day between 10.00 A.M. to 6.00 P.M. for a location in the territory of NCT of Delhi.

With the above directions, the present writ petition is partially allowed and disposed of accordingly.

A copy of this order be sent to the Superintendent, Central Jail, Tihar for necessary information and compliance.

SIDDHARTH MRIDUL, J MAY 13, 2016 sd