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High Court of DelhiW.P.(CRL)/1070/2015

Manik Sheikh v. The State

2015-09-21Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1070/2015 MANIK SHEIKH ..... Petitioner Through Mr.Sunil Tiwari, Adv.

versus THE STATE ..... Respondent Through Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar & Mr.Amrit Singh, Advs.

SI Aadesh Kumar PS Narela.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 21.09.2015 The petitioner questions order dated 16.04.2015 passed by the competent authority whereby his prayer for being released on parole for getting his house repaired, for arranging funds for such repairs and to maintain social ties, has been rejected.

The order of the Competent Authority discloses that the grounds taken by the petitioner was not found to be genuine and reliance was placed on the apprehension of the Police about the possibility of the petitioner indulging in similar offence, if he be released on parole and the apprehension of his jumping the parole as well.

Status report reveals that the financial condition of the family of the petitioner is good and the children of the petitioner studying in schools. Learned counsel for the petitioner, with reference to the nominal roll,

submits that he has remained in jail for about two years till now and his overall conduct in jail has been satisfactory. Nothing adverse regarding the involvement of the petitioner in any unlawful activity has been reported.

It is further submitted that the apprehension of the police about his jumping the parole or his indulging in any illegal activity is without any substance or tangible information regarding such propensity of the petitioner.

Taking into account the above facts and circumstances, the petitioner is directed to be released on parole for a period of 30 days from the date of his release, on the petitioner furnishing a bond in the sum of Rs.10,000/- with one surety of like amount, to the satisfaction of the Trial Court, subject to the following conditions:-

1) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole.

2) The petitioner shall not engage himself in any unlawful activity.

3) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station.

4) He shall furnish his mobile telephone number and the mobile telephone number of both the sureties 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 the coercive steps for securing his attendance.

With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. Dasti.

ASHUTOSH KUMAR, J SEPTEMBER 21, 2015 ab