High Court of DelhiW.P.(CRL)/1149/2017

Lallan v. State

2017-04-21Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1149/2017 LALLAN ..... Petitioner Through:

Mr. K. Singhal, Adv.

versus STATE ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. for the State SI Munish Kumar, P.S. DBG Road, Central District, Delhi

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 21.04.2017 The petitioner questions the correctness of the order dated 10.03.2017 of the competent authority whereby his prayer for being released on parole has been rejected on the grounds of adverse police report and his not having served prison for a year after conviction.

Learned counsel for the petitioner submits that from the nominal roll itself, it would appear that both the grounds are non-existent and untenable. The overall jail conduct of the petitioner has been satisfactory and that the petitioner has remained in jail for more than one year after conviction. The petitioner has been sentenced to undergo rigorous imprisonment for life and fine of Rs.1300/- for offences under Sections 302, 380 and 34 IPC. The petitioner has already undergone 8 years 6 months and 26 days by now.

Considering the fact that the petitioner has shown good conduct and has been obeying the dictates of law during the period he was on bail for about 16 years, this court is inclined to release the petitioner on parole for a period of four weeks.

The petitioner is directed to be released on parole for a period of four weeks, to be counted from the date of his release, on his furnishing a bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Superintendent of the concerned jail.

The petitioner is a resident of Uttar Pradesh. As such, the petitioner would be required, on his release and his visiting to his village home, to report to the Officer In-charge police station under whose jurisdiction the village of the petitioner falls.

The petitioner shall furnish his mobile telephone number and the mobile telephone number of his surety to the Jail Superintendent which shall be communicated to the Officer In-charge of the concerned Police Station. The petitioner, on his release on parole forthwith, shall not indulge in any unlawful activity and shall surrender on the expiry of the period of parole.

The petition is disposed of.

ASHUTOSH KUMAR, J APRIL 21, 2017 ns