High Court of DelhiW.P.(CRL)/1083/2017

Sunil Kumar v. State

2017-04-21Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1083/2017 SUNIL KUMAR ..... Petitioner Through:

Mr. Dinesh Malik, Adv.

versus STATE ..... Respondent Through:

Ms. Nandita Rao, ASC for Mr. Rahul Mehra, Standing Counsel for the State SI Sachin Kumar, P.S. Vasant Vihar

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 21.04.2017 The petitioner had represented for being released on parole but the representation has not been acted upon. As such, the present petition has been preferred.

The nominal roll of the petitioner suggests that he has remained in custody for 8 years 7 months and 7 days. The jail conduct of the petitioner is stated to be unsatisfactory for his having refused to accept treatment, for which he was punished on 30.5.2016. The petitioner seeks parole primarily on the ground that his daughter is to be married on 23.02.2017. Marriage invitation card is annexed with the petition. Ms. Nandita Rao, learned Additional Standing Counsel has got the statement verified and submits that the daughter of the petitioner is to be married with one Sandeep on 23.04.2017.

Considering the fact that the petitioner is the father of the girl who is to be married and has to perform many rituals, this court is inclined to

release him on parole.

Let the petitioner be released on parole for a period of three weeks, to be counted from the date of his release, on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Superintendent of the concerned jail.

The petitioner shall furnish his mobile telephone number and the mobile telephone number of his surety to the Superintendent of the concerned jail which shall be communicated to the Officer In-charge of the concerned Police Station forthwith.

The petitioner, under no circumstance shall leave the National Capital Region without prior permission of the trial court and shall not interact with anyone of the members of the prosecution side. The petitioner, on his release, shall not indulge in any unlawful activity and shall surrender on or before the expiry of the parole period.

In case the petitioner is found to be violating or attempting to violate any of the conditions enumerated above, it would be open to the State to approach the trial court for cancellation of his parole and remand him to custody.

The writ petition stands disposed of.

The order be communicated to the Superintendent of the concerned jail for compliance and record.

A copy of the order be given dasti under the signature of the Court Master.

ASHUTOSH KUMAR, J APRIL 21, 2017/ns