High Court of DelhiW.P.(CRL)/2249/2016

Sudhakar v. State

2016-10-18Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2249/2016 SUDHAKAR ..... Petitioner Through:

Mr. Azhar Qayum, Advocate versus STATE ..... Respondent Through:

Mr. Rajesh Mahajan, ASC with SI Harbir Singh

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 18.10.2016 The petitioner has preferred the present petition to seek parole for a period of three months on the ground that his wife is not well and also to reconnect his social ties. The nominal on record shows that the petitioner stands convicted under Section 498A/304B read with Section 34 IPC. Initially, under Section 304, he was sentenced to life imprisonment, which was reduced to 7 years rigorous imprisonment by this court in appeal. The sentence under Section 498A for 3 years rigorous imprisonment plus fine was maintained by this court in appeal. The nominal roll shows that the petitioner has undergone incarceration of 3 years 9 months and 10 days as on 17.10.2016, and has earned remission of 6 months and 15 days. The

unexpired portion of sentence is 2 years 8 months and 5 days. His jail conduct is satisfactory. He was lastly released on parole w.e.f. 08.12.2015 to 08.01.2016.

In view of the aforesaid, in my view, there is no justification to deny second parole to the petitioner in this year. Accordingly, the order dated 19.07.2016 is quashed, and the petitioner is granted parole for a period of four weeks subject to:

i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent; ii) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iv) he shall duly surrender at the end of the period of parole; and v) he shall also not indulge in any criminal activity while on parole. A copy of this order be communicated to the Jail Superintendant. VIPIN SANGHI, J OCTOBER 18, 2016 sr