Roop Kishore v. State

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1905/2016 ROOP KISHORE ..... Petitioner Through : Ms. Dolly Sharma, Adv.

versus STATE ..... Respondent Through :Mr. Rajesh Mahajan, ASC for State with SI Uma Dutt, P.S. Mangolpuri

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.07.2016 Matter has been taken up today as 7th July, 2016 was declared holiday on account of Id-ul-Fitr.

By this writ petition, petitioner seeks parole on the ground that he has to file a Special Leave Petition in the Supreme Court against the judgment of High Court passed in the appeal. Petitioner is undergoing sentence for the offence under Section 307 IPC.

Total sentence handed down to the petitioner is of three years of rigorous imprisonment with fine of `1,000/- and in default of payment of fine to undergo simple imprisonment for one month.

Petitioner is in incarceration for more than two years. As per the

nominal roll, his jail conduct is satisfactory. It is trite to say that every convict is entitled to exhaust all the legal remedies as may be available to him up to the highest fora.

Keeping in mind the totality of the circumstances, it is ordered that petitioner be released on parole for a period of one month from the date of his release, subject to furnishing a personal bond in the sum of `10,000/- (Rupees Ten Thousand Only) with one surety in the like amount to the satisfaction of the Jail Superintendent. During the parole period, petitioner shall report to the SHO of the concerned police station once in a week on every Monday at 10:00 am. Petitioner shall also not leave the territorial bounds of Delhi and on completion of parole period he shall surrender before the Jail Superintendent.

Writ petition is disposed of in the above terms. Copy of the order be sent to the Jail Superintendent for serving it upon the petitioner and for compliance.

A.K. PATHAK, J.

JULY 08, 2016 rb