Sadab @ Shamshad v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1151/2017 SADAB @ SHAMSHAD ..... Petitioner Through:

Mr.

Ajit Sharma, Advocate with Mr.Mayank Aggarwal, Advocate.

versus STATE ..... Respondent Through:

Mr.Piyush Singhal, Advocate for Mr.Ashish Aggarwal, ASC for State with SI Amit Kumar, PS Anand Vihar, Delhi.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 04.09.2017 1.

The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.PC) for grant of Parole for a period of three months.

2.

Status report has been filed today in the court. The same is taken on record. Nominal roll has been received.

3.

It is submitted by the learned ASC that the address where the petitioner would reside, in case he is released on Parole, has been verified and found to be correct.

4.

The petitioner seeks Parole to enable him to file Special Leave Petitions before the Hon'ble Supreme Court against the orders passed by this court dated 11.03.2014 dismissing his Crl.A. 1403/2012.

5.

The petitioner was convicted by learned ASJ, Karkardooma, Delhi under Section 394/34 read with section 397 of IPC and sentenced to undergo Rigorous Imprisonment for 07 years with fine of Rs.5,000/- in default thereof 01 year R.I. on 07.08.2012. His Crl.A. 1403/2012 was dismissed on 11.03.2014.

6.

In these circumstances, to enable the petitioner to avail of his statutory right to file Special Leave Petitions, he be released on Parole for a period of four weeks from the date of his release on the following terms and conditions: - (i) he shall furnish his personal bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent.

(ii) the petitioner shall maintain good conduct and behaviour during his release.

(iii) he will provide mobile number of the surety to the SHO of the concerned Police Station, which shall be kept in active mode and shall not be changed without permission of the court. (iv) he shall report to the concerned SHO on every Monday and Thursday.

7.

The petition is disposed of accordingly.

8.

Copy of this order be sent to the Jail Superintendent for compliance. 9.

Copy of this order be given dasti.

VINOD GOEL, J.

SEPTEMBER 04, 2017 "shailendra"