High Court of DelhiW.P.(CRL)/2281/2016

Mukesh v. State

2016-10-26Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2281/2016 MUKESH ..... Petitioner Through:

Mr. Azhar Qayum, Advocate.

versus STATE ..... Respondent Through:

Ms.

Richa Kapoor, ASC and Ms.Seema Patnaha & Ms.Mallika Parmar, Advocates along with SI Amit Verma, PS - Gokul Puri, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 26.10.2016 The petitioner has preferred the present writ petition to assail the order dated 15.03.2016 rejecting the petitioner's application to seek parole. He also seeks that he be released on parole for a period of 3 months. The petitioner seeks parole to repair his dilapidated house. The nominal roll shows that the petitioner stands convicted under Section 302 IPC in case FIR No.386/1991 registered at PS - Gokul Puri. He has been sentenced to life imprisonment. The petitioner has undergone incarceration of 9 years, 2 months and 19 days as on 12.06.2016. He had

lastly been released on furlough between 21.03.2016 to 04.04.2016. The status report shows that the entry gate of the petitioner's house is damaged, and thus, require repair.

In any event, under the guidelines, the petitioner's application can be considered since a period of more than 6 months has elapsed from the time when he was lastly out on furlough. The jail conduct of the petitioner has been found satisfactory and he has not misused the liberty granted to him on several earlier occasions.

Accordingly, the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks upon his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent. The petitioner shall, at the time of his release, provide his mobile phone number, which shall be kept in working condition at all times and shall not be changed during the period of his parole. He shall duly surrender at the end of the parole period. He shall mark his attendance on every Monday at 11:00 a.m. at the local police station during the parole period.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J OCTOBER 26, 2016 B.S. Rohella