Naresh Kumar v. State

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2179/2018 NARESH KUMAR ..... Petitioner Through:

Mr. Roshan Lal Saini and Ms. Kavit Saini, Advocates.

Versus

STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC with Mr.

Siddharth Sidhu, Advocate with W/SI Asha Singh, PS-Kirti Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 23.07.2018 The petitioner seeks parole for filing an SLP before the Supreme Court for an acquittal against his conviction. He is undergoing a sentence of 5 years, of which he has already undergone imprisonment for 2 years 9 months and 5 days as of 03.07.2018. His conduct in jail for the past one year is shown to be satisfactory. His address in Delhi has been verified. It is the petitioner's case that he is the best person to brief his case, to a counsel of his choice, since he is best acquainted with the facts of the case. A Status Report has been filed on behalf of the State. The learned counsel for the State submits that the petitioner was out on bail for 6 days and he could have filed an SLP in that duration. The Court is not persuaded by the said argument because 6 days would be a rather short time for the petitioner to obtain a certified copy of

the order which was to be impugned, to arrange funds for the litigation and to engage a counsel of his choice.

In view of the foregoing, the Court finds no impediment in allowing the present petition. Consequently, the petitioner is granted 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 SHO, concerned Police Station Kirti Nagar, Delhi, once a week on every Tuesday during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times (3) He shall not leave the territory of NCT of Delhi. (4) The petitioner 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. Additionally, a copy of this order shall also be delivered upon the Jail Superintendent concerned through police. NAJMI WAZIRI, J.

JULY 23, 2018 RW