High Court of DelhiW.P.(CRL)/2364/2016

Udaiveer Singh v. State Of NCT Of Delhi

2016-10-27Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2364/2016 UDAIVEER SINGH ..... Petitioner Through:

Mr. Shailesh Kumar, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Ms. Kamna Vohra, ASC for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 14.09.2016 This matter has been taken up today since 13.09.2016 was declared as holiday on account of Id-ul-Zuha (Baqried).

The petitioner has preferred the present writ petition to seek a direction for his release on parole for the purpose of filing Special Leave Petition (SLP) before the Supreme Court.

The nominal roll shows that the petitioner stands convicted under Section 135 of the Electricity Act. He has been directed to undergo Rigorous Imprisonment for a period of 2 years along with fine of Rs.35,53,641/-, and in default whereof, he has been awarded further Simple Imprisonment for a period of one year. His appeal being Crl.Appeal No.871/2012 was dismissed on 10.02.2016. The petitioner has undergone

incarceration of 6 months and 7 days after his conviction, i.e. on 23.08.2016. The unexpired portion of his sentence is about 1 year and 5 months. The jail conduct of the petitioner is found to be satisfactory and there is no other involvement alleged against him.

Considering the nature of involvement and the quantum of punishment, the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks to enable him to file the Special Leave Petition. The petitioner is directed to be released upon his furnishing a personal bond with one surety in the sum of Rs.20,000/- to the satisfaction of the Jail Superintendent. At the time of his release, he shall provide his mobile phone number, which shall be kept in working condition at all times and shall not be changed without prior intimation to the Court. The petitioner shall duly surrender at the end of the parole period. During the period of parole, he shall mark his attendance once every week on every Monday at 11:00 a.m. at the local police station. At the time of his surrender, he shall file proof of his filing the Special Leave Petition before the Supreme Court.

The petition stands disposed of.

Dasti.

VIPIN SANGHI, J SEPTEMBER 14, 2016 B.S. Rohella