Vicky v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2774/2016 VICKY ..... Petitioner Through:

Mr. Tarun Khanna, Advocate versus STATE ..... Respondent Through:

Mr. Avi Singh, ASC with Mr. Jasmer Singh, PS Jahangirpuri.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 24.01.2017 The petitioner has preferred the present petition to seek a direction for his release on parole for a period of two months to re-establish social ties. The nominal roll on record shows that the petitioner has been convicted in case FIR No. 186/2011 registered under Sections 304-B/498A/34 IPC at police station Jahangir Puri. He has been convicted under Section 302 IPC and is undergoing a life sentence. He was also convicted under Section 498A IPC and has been sentenced to two years RI in that respect. The nominal roll shows that he has been under incarceration for about 5 years and 2 months as on 26.08.2016.His jail conduct is satisfactory. His application for parole was turned down on the ground that he has been subjected to

punishment on 31.07.2015, however, he has been released on parole thereafter. In that view, the said punishment cannot be relied upon by the State to deny parole to the petitioner. Accordingly, the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks subject to:

i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent; ii) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iv) he shall duly surrender at the end of the period of parole; and v) he shall also not indulge in any criminal activity while on parole. VIPIN SANGHI, J JANUARY 24, 2017 sl