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High Court of DelhiW.P.(CRL)/1732/2017

Sanjeev v. State

2017-08-04Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1732/2017 SANJEEV ..... Petitioner Through Mr.Rajender Chhabra, Adv.

versus STATE ..... Respondent Through Mr.Sachin Gupta, Adv. for Mr.Rajesh Mahajan, ASC.

SI Dharmendra Pratap Singh PS Samaipur Badli.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 04.08.2017 The petitioner is aggrieved by the order dated 09.05.2017 passed by the competent authority whereby his prayer for being released on parole for the purposes of taking care of his ailing father, for arranging money for the family and for re-connecting social ties has been rejected. The preliminary ground for not acceding to the request of the petitioner is that he had availed of three weeks' furlough w.e.f. 21.10.2016 till 12.11.2016. He was also granted two weeks' furlough but he did not avail of the same till date.

The nominal roll of the petitioner indicates that he has remained in jail for about 12 years by now and his conduct in jail has been satisfactory throughout. On earlier occasions also, the petitioner was granted furlough and parole by this Court and the competent authority and on no occasion,

did the petitioner either jump the aforesaid concession or committed any unlawful act.

Mr.R.S. Kundu, ASC, with respect to the status report, submits that the address of the petitioner has been verified. Taking into account the aforesaid facts, namely, his long incarceration and his over-all good conduct in jail, 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.5,000/- 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 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.

Dasti.

ASHUTOSH KUMAR, J AUGUST 04, 2017 ab