Mohd. Idrish @ Rahul v. State
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1529/2017 MOHD. IDRISH @ RAHUL ..... Petitioner Through:
Mr.Sitab Ali Chaudhary, Adv.
versus STATE ..... Respondent Through:
Mr.Ashish Aggarwal, ASC.
W/SI Amrita, P.S.P.Vihar.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 24.07.2017 The request of the petitioner for being released on parole for admitting his children in school, repairing his house and to maintain social ties with family members and the society was not acceded to and was rejected by order dated 27.04.2017. The competent authority held that these grounds were not of such a kind so as to admit the petitioner on parole. The adverse police report also weighed with the competent authority. Learned counsel for the petitioner has drawn the attention of this Court to the nominal roll which indicates that he has been convicted under Sections 304 Part II and 324 of the IPC and has been sentenced to undergo RI for seven years for the offence under Section 304 Part II IPC and RI for 1 year for the offence under Section 324 IPC. In the past, the petitioner has been granted parole by the orders of this Court and furlough at the instance
of the competent authority. The petitioner has shown satisfactory conduct in jail. On earlier occasions when the petitioner was released on parole or furlough, nothing adverse was reported about his conduct during that period and the petitioner on all such occasions, surrendered before the jail authorities on time. There is nothing on record which would justify the apprehension of the local police that his release may have a disturbing impact on the law and order situation.
The address of the petitioner stands verified. Taking into account the aforesaid facts, this Court is inclined to release the petitioner on parole for a specified period. 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.10,000/- with one surety of like amount to the satisfaction of the Superintendent of the concerned jail.
The petitioner shall abide by the conditions listed below:- a) The petitioner shall surrender before the jail authorities 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 Region of Delhi, without intimating the officerin-charge of the concerned police station. d) He shall furnish his and his sureties' 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 JULY 24, 2017 k