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High Court of DelhiW.P.(CRL)/2121/2018

Birjesh @ Birju v. State

2018-09-05Hon'Ble Ms. Justice Mukta Gupta2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2121/2018 BIRJESH @ BIRJU ..... Petitioner Represented by:

Ms.Saahila Lamba, Advocate versus STATE ..... Respondent Represented by:

Mr.Piyush Singhal, Advocate for Mr.Ashish Aggarwal, ASC for the State with SI Dinesh Kumar, PS Subhash Place

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.09.2018 1.

By this petition, the petitioner seeks parole on the ground that he has to file a Special Leave Petition, re-establish social ties, look after the mother who is unwell and also challenges the communication dated 12th June, 2018 informing about order of rejection of the application of the petitioner seeking parole on the ground aforesaid.

2.

A status report has been filed. As per the status report, the petitioner has 5 sisters, 4 of whom are married and the youngest is unmarried. Father of the petitioner has already died. Mother of the petitioner with the younger daughter aged 21 years is residing with one of the sister of the petitioner at House No.147, Gali No.3, Amar Vihar, Khoda Colony, Ghaziabad, U.P. W.P.(CRL) 2121/2018

3.

As per the nominal roll, the petitioner has been in continuous custody since the date of his arrest i.e. 16th December, 2010 without any interim bail or interim suspension of sentence. The sentence awarded to the petitioner is life imprisonment. Further considering the continuous incarceration and the fact that the petitioner has roots in the society, this Court deems it fit to grant parole to the petitioner. It is, therefore, directed that the petitioner be released on parole for a period of four weeks on his furnishing a personal bon in the sum of ₹25,000/- with one surety bond of the like amount subject to the satisfaction of the learned Trial Court further subject to the condition that the surety would be a family member of the petitioner and the surety would keep the mobile phone in active mode during the period of parole of the petitioner.

4.

Petition is disposed of.

5.

Copy of this order be communicated to the petitioner through Superintendent, Rohini Jail.

MUKTA GUPTA, J.

SEPTEMBER 05, 2018 mamta W.P.(CRL) 2121/2018