High Court of DelhiW.P.(CRL)/1548/2016

Tobir Ahmed v. State

2016-09-30Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1548/2016 TOBIR AHMED ..... Petitioner Through:

Mr. Nikhil Pillai with Mohd. Faraz, Adv.

versus STATE ..... Respondent Through:

Ms. Richa Kapoor, ASC with Ms.

Mallika Parmar and Seema Patnaha, Adv.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 30.09.2016 The petitioner has preferred the present petition to seek parole to reestablish social ties and prefer a Special Leave Petition. His application for parole was rejected by the State on 31.03.2016. He has also assailed the said order.

The nominal roll shows that the petitioner stands convicted under Section 364A/34 IPC. He has been sentenced with rigorous imprisonment for life apart from fine. His appeal has been dismissed by this court on 30.10.2014. The appellant has undergone 7 years 4 months and 21 days as on 03.05.2016. His jail conduct is found to be satisfactory. The status

report tendered in court shows that the address of the petitioner's father and brother at Delhi have been got verified.

Learned counsel for the petitioner states that the petitioner upon being released on parole shall remain in Delhi only and shall not leave the limits of Delhi.

In the aforesaid circumstances, in my view, the petitioner is entitled to parole looking to his jail conduct and the period that he has undergone. Accordingly, the petitioner is directed to be released on parole for a period of four weeks subject to:

i) his furnishing personal bond with one surety in the sum of Rs.5,000/- to the satisfaction of the Jail Superintendent; ii) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iv) he shall duly surrender at the end of the period of parole; v) he shall also not indulge in any criminal activity while on parole, and; vi) he shall file the proof of filing of Special Leave Petition before the Supreme Court.

Petition stands disposed of.

VIPIN SANGHI, J SEPTEMBER 30, 2016 sr