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High Court of DelhiW.P.(CRL)/1062/2016

Devraj @ Devoo v. State NCT Of Delhi

2016-04-05Hon'Ble Ms. Justice Pratibha Rani3 pages

$-45 &480 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3057/2015 MD. SHAKIL @ BHOLA Petitioner Through:

Mr.Biswajit Kumar Patra, Advocate.

versus STATE Respondent Through:

Mr.R.S.Kundu, A.S.C. for the State with Insp.Rajesh Kumar, PS IGI Airport.

AND + W.P.(CRL) 1062/2016 DEVRAJ @ DEVOO Petitioner Through:

Mr.Hemendra Jailiya, Advocate.

versus STATE NCT OF DELHI Respondent Through:

Mr.Avininder Singh, A.S.C. for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

ORDER

% 05.04.2016 1.

These two writ petitions have been filed by the petitioners Mohd.Shakil @ Bhola (in W.P.(Crl.) No.3057/2015) and Devraj @ Devoo (in W.P.(Crl.) NO. 1062/2016), who are co-convicts in case FIR No.35/2005, fr.P.(Crl.) Nos.3057/2015 & 1062/2016 By:AMULYA

> PS Mahipal Pur, Delhi, praying for grant of parole. 2.

Petitioner Mohd.Shakil @ Bhola (in W.P.(Crl.) No.3057/2015) is seeking parole on the ground of getting his house repaired, for taking care of his aged parents as well as for maintaining social ties. 3.

Petitioner Devraj @ Devoo (in W.P.(Crl.) NO. 1062/2016) is seeking parole to enable him to attend the marriage of his younger sister Preeti which is to be solemnised on 18'*' April, 2016. 4.

On behalf of state, it has been submitted that address of both the petitioners have been verified and found to be correct as well as the factum of marriage of younger sister of petitioner Devraj @ Devoo (in W.P.(Crl.) NO. 1062/2016) which is to be solemnised on IS"* April, 2016 has also been verified.

5.

Learned counsel for the petitioners pray for grant of parole to the petitioners.

6.

Considering the facts and circumstances of the case, the prayer of the petitioners is allowed to the extent that the Petitioners are granted parole for a period of four weeks from the date of their release, on their each furnishing personal bond in the sum of Rs. 10,000/- with one surety each of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) During the period of parole, the Petitioners shall report to the Duty Officer, P.S. Mahipal Pur (now IGI Airport), Delhi on every Monday at 10 AM.

(ii) The Petitioners shall keep the concerned Jail Superintendent as well as SHO, P.S. Mahipal Pur (now IGI Airport), informed about their place of residence in Delhi and their contact numbers i.e. mobile, landline or both. It W.P.(Crl) Nos.3057/2015 & 1062/2016

would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect. (iii) During the period of parole, the Petitioners shall not cross Delhi borders.

(iv) During the period of parole, the petitioners shall not try to contact the witnesses in any manner whatsoever.

7.

However, on expiiy of the parole period, the Petitioners shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court.

8.

It is made clear that first the petitioner Devraj @ Devoo (in W.P.(Crl.) No.1062/2016) shall be released on parole and petitioner Mohd. Shakil @ Bhola (in W.P.(Crl.) No.3057/2015) shall be released only after surrender of the petitioner/co-convict Devraj @ Devoo.

9.

Both the writ Petitions stand allowed in the above terms.

10. The Petitioners be informed through the Jail Superintendent about the order passed.

Order dasti.

APRIL 05,2016 JRATIBHA RANL W.P.(Crl.) Nos.3057/2015 & 1062/2016