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High Court of DelhiW.P.(CRL)/2119/2018

Nishad v. State

2018-07-18Hon'Ble Mr. Justice Najmi Waziri2 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2119/2018 NISHAD ..... Petitioner Through: Naomi Chandra, Adv.

Versus

STATE ..... Respondent Through: Ms. Kamna Vohra, ASC for State with Ms. Sarabjeet Kaur, Adv. with SI Avesh Kumar, P.S. Vivek Vihar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 18.07.2018 Issue notice. Ms. Kamna Vohra, the learned ASC for the State accepts notice.

At the request of the learned counsel for the petitioner, the petition is taken up for disposal.

The petitioner seeks parole for a period of two months to maintain social ties with his family and friends as well as to take care of his ailing wife.

The petitioner has been in incarceration for five years and 10 months with a remission period of 10 months and 26 days. He is undergoing a punishment for 7 years. He was last released for four weeks on 14.12.2017. Six months have elapsed since he was granted last parole. According to the Nominal Roll, his conduct in jail is

recorded as satisfactory. The address furnished by the petitioner is the same which was furnished at the time the previous parole was granted. The learned counsel for the petitioner submits that the family of the petitioner is not so equipped so as to furnish the information regarding the ailments of his wife. In any case, he is entitled to a parole for maintaining social ties.

In view of the foregoing, the Court finds no impediment in allowing the present petition. Consequently, the petitioner is enlarged on parole for a period of one month from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned subject to the following conditions:- (1) the petitioner shall report to the Officer Incharge of the local Police Post/Police Station having jurisdiction over his place of residence once in a fortnight on a Tuesday during the period of parole; (2) he shall furnish his telephone number to the said Officer Incharge which the petitioner shall keep operational at all times;

(3) he shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed-off. A copy of this order be given dasti to the learned counsel for the parties and a copy be sent to the Jail Superintendent for compliance. NAJMI WAZIRI, J JULY 18, 2018/acm