High Court of DelhiW.P.(CRL)/2895/2016

Sant Lal v. State

2016-12-07Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2895/2016 SANT LAL ..... Petitioner Through:

Mr. Dinesh Malik and Gurpreet Singh, Adv.

versus STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC with Mr.

Siddarth Sindhu, Adv.

with SI Sanjeev Lehri, PS SJ Enclave

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.12.2016 The petitioner has preferred the present petition to seek a direction that he be released on parole for a period of one month to be able to prefer a Special Leave Petition before the Supreme Court. The petitioner stands convicted for the offence under Section 302/201 IPC in case FIR 120/2012 registered at PS Safdarjung Enclave. His criminal appeal was dismissed by this court on 09.05.2016. The nominal roll shows that the petitioner has undergone 4 year and 4 months as on 15.09.2016. His jail conduct is found to be satisfactory. The permanent address provided by the petitioner has been got verified.

In these circumstances, there is no reason to deny parole to the petitioner to be able to prefer a Special Leave Petition. The petition is, accordingly, allowed and the order dated 29.08.2016 passed by the State rejecting the petitioner's application is quashed. In these circumstances, 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; v) he shall provide the proof of filing of Special Leave Petition before the Supreme Court at the time of his surrender to the Jail Superintendant; and vi) he shall also not indulge in any criminal activity while on parole. A copy of this order be communicated to the Jail Superintendant. VIPIN SANGHI, J DECEMBER 07, 2016 sr