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High Court of DelhiW.P.(CRL)/1200/2018

Manoj v. State

2018-04-20Hon'Ble Ms. Justice Mukta Gupta2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1200/2018 MANOJ ..... Petitioner Represented by:

Mr.Syed Musam, Advocate versus STATE ..... Respondent Represented by:

Mr.Rahul Mehra, Standing Counesel with SI Pardeep, PS Begumpur

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.04.2018 1.

Notice. Mr.Rahul Mehra, learned Standing Counsel accepts notice. Status report is handed over which is taken on record. 2.

By this petition, the petitioner seeks parole on the ground that he has to file Special Leave Petition before the Hon'ble Supreme Court and also to maintain social ties with the family members. Petitioner also challenges the communication dated 1st March, 2018 rejecting grant of parole to him. 3.

On a notice being issued, a status report has been filed. As per the status report, parents of the petitioner along with minor son of the petitioner are residing in Flat No.16, Pocket 10, Sector 24, Rohini however they are neither the owner nor the tenant in the said premises. On verification, it was revealed that wherever they find a vacant DDA flat, the parents of the petitioner start residing. The brother of the petitioner is engaged as a Chowkidar by the DDA. As per the nominal roll, the sentence of life W.P.(CRL) 1200/2018

imprisonment awarded to the petitioner was converted to 10 years' rigorous imprisonment out of which petitioner has undergone more than half the sentence awarded including remissions. Considering that the petitioner is in continuous custody from 15th May, 2013 till date, minor son of the petitioner is residing with the parents of the petitioner and the jail conduct of the petitioner is satisfactory, this Court deems it fit to grant parole to the petitioner. The Investigating Officer informs that the victim with the family is also staying in the same area.

4.

Considering the facts noted above, this Court deems it fit to grant parole to the petitioner. It is therefore directed that the petitioner be released for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of ₹15,000/- with one surety bond of the like amount which surety would be a family member of the petitioner subject to the satisfaction of the learned Trial Court/CMM, further subject to the condition that petitioner during the parole, will not go anywhere near the residence of the victim and that he will visit the concerned police station on every Monday at 4:00 PM during the period of release. The person who will stand surety for petitioner would also give his mobile number which would be kept in active mode during the parole period. 5.

Petition is disposed of.

6.

Copy of this order be communicated to the petitioner through Superintendant, Central Jail No.10, Rohini.

MUKTA GUPTA, J.

APRIL 20, 2018/mamta W.P.(CRL) 1200/2018