Rakesh Kumar v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1265/2015 RAKESH KUMAR ..... Petitioner Through:

Mr. S.K. Sethi with Ms. Dolly Sharma, Advs.

versus STATE .... Respondent Through:

Mr. Rajesh Mahajan, Additional Standing Counsel for the State with Inspector Narinder, PS Kanjhawala

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 14.07.2015 The petitioner had represented before the competent authority seeking parole for a period of three months on the ground that the kitchen of the house is required to be repaired as also for reestablishing the social ties with the family members. No order was passed by the competent authority; hence this writ petition.

During the pendency of this petition, the competent authority vide order dated 15.06.2015 rejected the prayer of the petitioner on the ground of adverse police report against him that there is a lurking fear that in case he is released on parole, it would cause panic in a locality as he is convicted in the murder case.

Mr. Mahajan, Additional Standing Counsel while opposing the release of petitioner on parole submits that co-convict Radha Mohan (father of the petitioner) has yet not surrendered after dismissal of this appeal.

The nominal roll reflects that the appellant has been in jail for about five years and in the past he was not released on parole on any occasion.

Considering the fact that any convict is required to reconnect his social ties, this Court is inclined to grant parole to the petitioner for a period of 30 days from the date of his release. The petitioner would be released on parole on his furnishing a personal bond in the sum of Rs.5,000/- with two sureties of like amount, one such surety to be a close family member, to the satisfaction of the Trial Court, subject to the following conditions:-

1. That the petitioner after his release would not indulge himself in any unlawful activity.

2. The petitioner would furnish his mobile telephone number and the mobile telephone number of his sureties to the Station House Officer of the concerned Police Station.

3. The petitioner would get his presence marked on every Friday of the week with the Station House Officer of the concerned police station.

4. The petitioner would not contact any one of the family members of the victim or the witnesses who have deposed against him.

In case, the petitioner flouts any one of the conditions referred

above, it would be open to the Station House Officer to move an application for cancellation of the parole.

Application is allowed and disposed of accordingly. Order be communicated to the petitioner through Jail Superintendent.

ASHUTOSH KUMAR, J JULY 14, 2015 ns