High Court of DelhiW.P.(CRL)/1521/2017

Anis v. State

2017-05-22Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1521/2017 ANIS ..... Petitioner Through:

Mr. Ajay Verma, Adv.

versus STATE ..... Respondent Through:

Mr. Siddarth Sindhu, Adv. for Mr.

Sanjay Lao, ASC ASI Puran Singh, P.S. Gokal Puri

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 22.05.2017 The petitioner has called in question the order dated 27.04.2017 of the competent authority whereby the prayer of the petitioner for being released on parole has been rejected on the ground that there are no compelling reasons ascribed for seeking parole.

The petitioner has remained in jail for about more than 4 years and on earlier occasions also, he was granted parole. On such occasions, it has been submitted on behalf of the petitioner, neither did he delay in surrendering before the jail authorities nor did he involve himself in any other unlawful activity.

The conduct of the petitioner has been satisfactory throughout. The grounds assigned by the competent authority in rejecting the representation of the petitioner does not appear to be tenable. It is one of the aspects of jail jurisprudence that after some spell in jail, the convicts are permitted to come out to breathe fresh air and also to reconnect social ties. The address of the petitioner has been verified and is found to be true.

The status report which is filed today is taken on record. Taking into account the aforesaid facts, this court is persuaded to release the petitioner on parole for a specified period for the aforesaid purposes.

Let the petitioner 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 the 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 seeking permission of the officer-in-charge of the concerned police station. 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.

MAY 22, 2017/ns ASHUTOSH KUMAR, J