High Court of DelhiW.P.(CRL)/939/2017

Raju v. State

2017-05-02Hon'Ble Mr. Justice Ashutosh Kumar3 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 939/2017 RAJU ..... Petitioner Through Ms. Sunita Arora, Advocate.

versus STATE .... Respondent Through Ms. Megha, Advocate for Mr. Avi. Singh ( ASC , Crl.) for State.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 02.05.2017 The petitioner had represented before the competent authority for being released on parole. The aforesaid representation was acted upon only after a long time and by order dated 28.03.2017 (which has been furnished by the learned counsel for the State), the prayer of the petitioner was rejected on the ground of adverse police report and the address provided by the petitioner being not genuine. The competent authority was of the view that the release of the petitioner could have an adverse impact on law and order and security problem in the area.

Learned counsel for the petitioner has drawn attention of this Court to the nominal roll which discloses that he has remained in jail for more than six years. The overall conduct of the petitioner in jail has been satisfactory. The petitioner was released on parole by orders of this Court on earlier

occasions and on all such occasions, the petitioner did not misuse such privilege and surrendered timely. It is further stated that there is no material to justify adverse police report or the possibility that the petitioner might jump the bond or create adverse law and order situation. Considering the fact that the overall conduct of the petitioner in jail is satisfactory and that at the provided address, the mother of the petitioner resides, this court is inclined to release him on parole for the specified period.

Let the petitioner be released on parole for a period of four weeks, to be counted to be the date of his release, on his furnishing a bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one surety of the like amount to the satisfaction of the Superintendent of the concerned Jail. The aforesaid order will be subject to the following conditions:- e) The petitioner shall surrender on or before the expiry of the said period of parole.

f) The petitioner shall not engage himself in any unlawful activity. g) The petitioner would not leave, under any circumstance, the National Capital Region of Delhi.

h) He shall furnish his and his surety's mobile telephone numbers to the SHO of the concerned police station so that in case of necessity, he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J MAY 02, 2017 rs