Kamal v. State ( Gnct Of Delhi)

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1171/2016 KAMAL ..... Petitioner Through Ms.Kheyali Sarkar and Ms. Jyotsna, Advocates.

versus STATE ( GNCT OF DELHI) ..... Respondent Through Mr.Jamal Akhtar, Adv.for Mr. Rahul Mehra, Standing Counsel for GNCTD.

Insp.Indraj Singh Meena, P.S.Adarsh Nagar.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 22.04.2016 This is a petition under Article 226 of the Constitution of India praying for a direction of Mandamus by the Competent Authority to release the petitioner on parole in order to enable him to attend the marriage ceremony of his elder brother, namely, Arun.

It is an admitted position that a representation made by the petitioner seeking parole dated the 15th March, 2016 to the Competent Authority is yet to be decided.

As aforesaid, the marriage is scheduled to be solemnised on 26th April, 2016, therefore, in view of the exigency of the present case it is necessary for this Court to determine the representation made on behalf of [W.P.(CRL) 1171/2016] [page 1 of 3] the petitioner since the same has not yet been decided by the Competent Authority.

Mr. Jamal Akhtar, learned counsel appearing on behalf of the official respondent states that it has been verified that the impending marriage ceremony of the elder brother of the petitioner is slated to be performed on that date. The address of the venue where the marriage is to be performed has also been verified.

In the present case, it is observed that the petitioner had been released on parole earlier and is not stated to have been misused the liberty granted to him. In view of the foregoing, the present petition is allowed. The petitioner shall 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.25,000/- (rupees twenty five thousand) with one surety of the like amount to the satisfaction of the jail superintendent subject to the following conditions:- (1) The petitioner shall report to SHO, Police Station- Adarsh Nagar, once week on every Monday during the period of parole. [W.P.(CRL) 1171/2016] [page 2 of 3] (2) He shall furnish his mobile telephone number, which he undertakes to keep operational, to the concerned SHO.

(3) He shall not leave the National Capital Territory of Delhi without prior permission of the Court.

(4) Lastly, the petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed of. A copy of this order be sent to the Jail Superintendent to be communicated to the petitioner and given dasti under signature of Court Master