High Court of DelhiW.P.(CRL)/1251/2017

Chander Prakash v. The State (NCT Of Delh)

2017-05-15Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1251/2017 CHANDER PRAKASH ..... Petitioner Through Mr. Dinesh Malik, Adv.

versus THE STATE (NCT OF DELHI) ..... Respondent Through Ms. Kamna Vohra, ASC.

ASI Om Prakash PS Hauz Khas.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 15.05.2017 The petitioner had represented before the competent authority for being released on parole for preferring SLP before the Supreme Court of India sometimes in November 2016, but till date, the aforesaid representation of the petitioner has not been responded to. The petitioner has been convicted under section 302 of the IPC and has been sentenced to undergo RI for life and to pay a fine of Rs.3,000/- and in default of payment of fine, to suffer simple imprisonment for a period of 3 months.

Out of the period of sentence awarded to the petitioner, he has undergone about 7 years in custody. The conduct of the petitioner has been satisfactory throughout in jail. The petitioner was also on bail for a long time by an order of this Court from 21.03.2002 to 29.05.2016. Taking into account the aforesaid facts and that the petitioner is

required to prefer SLP before the Supreme Court of India, this Court is persuaded to release the petitioner on parole for a specified period. Ms. Kamna Vohra, Additional Standing Counsel, submits that the address provided by the petitioner has been verified and has been found to be true.

Let the petitioner be released on parole for a period of 3 months to be counted from the date of his release on his furnishing a bond in the sum of Rs10,000/- with one surety of the like amount to the satisfaction of the superintendent of the concerned jail.

The petitioner shall be required to follow the conditions listed below:- a. The petitioner shall surrender on or before the expiry of the said period of parole.

b. The petitioner shall not engage himself in any unlawful activity. c. The petitioner would not leave, under any circumstance, the National Capital Territory of Delhi.

d. He shall furnish his and his surety's mobile telephone numbers to the SHO of the concerned police station so that in case of necessity, he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J MAY 15, 2017 ab