Satish @ Shastri v. State

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2880/2018 SATISH @ SHASTRI ..... Petitioner Through:

Mr. B. Badrinath, Advocate.

Versus

STATE ..... Respondent Through:

Ms. Nandita Rao, Additional Standing Counsel, Advocate with SI Rajeshwar, P.S.

Sector 23, Dwarka.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 24.09.2018 Crl. M.A.No.32760/2018 (for exemption) Allowed, subject to all just exceptions.

The application stands disposed-off.

W.P.(CRL) 2880/2018 Issue notice.

Ms. Rao, the learned Additional Standing Counsel above accepts notice for State.

At joint request, the petition is taken up for disposal. The petitioner seeks parole. It was declined to him on the ground that six months ought to have elapsed between the previous parole and the present application, as the petitioner has last availed three weeks parole in the month of February, 2018. The order was passed on 31.05.2018. The said time has now elapsed. Insofar as the petitioner seeks parole for finding a suitable match for his two children i.e. son aged 25 years and daughter aged 21 years, whom he considers to be of marriageable age and who are stated to be preparing for competitive exams, he has a valid reason.

The Nominal Roll of the petitioner shows that he has undergone incarceration for 2 years 11 months and 12 days as of 28.08.2018 and has earned remission of 10 months and 12 days and the unexpired portion of sentence is 3 years, 2 months and 6 days. His conduct in jail is stated to be satisfactory. His address in Delhi has been verified. In view of the above, the application is allowed. The petitioner shall be released on parole for a period of ten weeks from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned, subject to the following conditions:- (1) The petitioner shall report to the Station House Officer (SHO) concerned, Police Station Sector 23, Dwarka, Delhi, once a week on every Tuesday during the period of parole;

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times; (3) He shall not leave the territory of NCT of Delhi; ('4) The petitioner shall surrender before the Jail Authorities at the expiry of the period of parole.

With the above directions, the writ petition is disposed-off. A copy of this order be given dasti to the learned counsel for the parties and a copy be sent to the Jail Superintendent concerned for compliance.

NAJMI WAZIRI, J.

SEPTEMBER 24, 2018 sb