Raju Kumar v. State

$~42.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2839/2016 RAJU KUMAR ..... Petitioner Through:

Mr. S.B. Dandapani, Advocate versus STATE ..... Respondent Through:

Ms. Kamna Vohra, ASC with SI Manish Kr, PS Shalimar Bagh

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 27.09.2016 Issue notice. Notice is accepted on behalf of the State. The petitioner seeks parole to be able to prefer Special Leave Petition against the judgment of this court rendered in appeal. The petitioner is convicted for the offence under Section 342 IPC and section 10 & 12 of POSCO Act. He has been sentenced to rigorous imprisonment for 5 years with fine. The period undergone by the petitioner is 2 years 6 months 14 days as on 05.09.2016. He has also earned remission of 3 months and 2 days. The unexpired portion of the sentence is 2 years 2 months and 14 days. The application of the petitioner for parole has been rejected by the Government on 31.08.2016. The jail conduct of the petitioner is satisfactory.

In the aforesaid circumstances, there is no reason to deny parole to the petitioner to prefer Special Leave Petition. Accordingly, the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks to prefer Special Leave Petition before the Supreme Court. The petitioner shall furnish his personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendant. He shall provide his mobile phone number and shall not change the same without prior intimation. He shall not leave Delhi and shall surrender at the end of the parole period. He shall report at the local police station on every Monday at 11:00 a.m. to mark his attendance. He shall also submit the proof of filing of Special Leave Petition.

The petition stands disposed of.

VIPIN SANGHI, J SEPTEMBER 27, 2016 sr