Sunil v. State

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUNIL ..... Petitioner Through:

None.

versus STATE ..... Respondent Through:

Ms.Nandita Rao, A.S.C. for the State with SI Ramesh Kumar PS Sultan Puri

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 27.05.2016 Crl.M.A. No.8821/2016 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

1.

The present petition has been filed by the Petitioner seeking parole for a period of two months on the ground of taking care of his wife before and after surgical operation and for performing/completing last rites of his father, who has expired on 16.05.2016.

2.

None has appeared on behalf of the petitioner. 3.

Notice. Learned ASC accepts notice on behalf of State. 4.

Perusal of the record reveals that the Petitioner had made representation to the Respondent/State praying for grant of parole which has been rejected by the Respondent vide order No.F.18/534/2014/HG/436 dated 29.01.2016.

5.

The petitioner is seeking parole for two purpose (i) for taking care of his wife before and after surgical operation, and (ii) for performing last rites

of his father. It is also stated in the petition that petitioner is the eldest son of his parents and tehravi of his father is to be performed on 28th May, 2016. 6.

Status report has been filed by the State verifying the residential address of the petitioner to be correct. Learned ASC for the State submits that the factum of death of father of the petitioner on 16.05.2016 has been verified.

7.

Considering the facts and circumstances of the case and that the petitioner is seeking parole for taking care of his wife as well as for performing last rites of his father who has expired on 16.05.2016 and his tehravi is fixed for 28th May, 2016, the prayer for grant of parole is allowed to the extent that the Petitioner is granted parole for a period of four weeks from the date of his release, on his furnishing personal bond in the sum of Rs.10,000/- with one surety 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 Petitioner shall report to the Duty Officer, P.S. Sultan Puri, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Sultan Puri, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both. It 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 Petitioner shall not cross the borders of Delhi.

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

(v) While submitting the bail bond, he will furnish to the Jail

Superintendent the address of the place where he would reside in Delhi during the period of parole as well as the contact numbers. 8.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 9.

Writ Petition stands allowed in the above terms.

10. Copy of the order be sent to the concerned Jail Superintendent on priority basis for communicating the order to the petitioner. Copy of the order be given dasti to learned counsel for the parties under the signature of Court Master.

PRATIBHA RANI, J.

MAY 27, 2016 'pg'