High Court of DelhiW.P.(CRL)/1520/2017

Karma Aggarwal v. State

2017-05-22Hon'Ble Ms. Justice Mukta Gupta3 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1520/2017 KARMA AGGARWAL ..... Petitioner Through:

Mr. Neeraj Bhardwaj, Adv.

versus STATE ..... Respondent Through:

Mr. Lokesh Chandra, Adv. for Mr.

Rajesh Mahajan, ASC for the State Inspector Satish, P.S. Bhalswa Dairy

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 22.05.2017 The petitioner is aggrieved by the order dated 21.04.2017 passed by the competent authority, whereby the representation of the petitioner for being released on parole for re-establishing social ties as also for getting himself treated and operated at a private hospital for Stone and Jaundice, has been rejected. The competent authority was of the view that the petitioner has been under regular follow-up and has been getting all the prescribed medicines from jail dispensary.

Learned counsel appearing for the petitioner has drawn the attention of this court to the nominal roll which indicates that the petitioner has remained in jail for about 7 years by now. He has been convicted under Sections 302/201 IPC and has been sentenced to undergo RI for life and fine of Rs.35,000/- and in default of payment of fine RI for 11⁄2 years.

The nominal roll also indicates that the overall conduct of the petitioner for the last one year has been satisfactory, though, he was punished for a jail offence only on 14.12.2015. 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 fact, namely, the good conduct of the petitioner in jail for the last one year and the period of custody undergone, this court is inclined to release the petitioner on parole for a specified period.

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.

ASHUTOSH KUMAR, J MAY 22, 2017/ns