High Court of DelhiW.P.(CRL)/2701/2018

Suresh @ Kala v. State Of NCT Ofdelhi

2018-09-19Hon'Ble Mr. Justice Najmi Waziri2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2701/2018 SURESH @ KALA ..... Petitioner Through: Mr. Nitesh Gupta, Adv.

Versus

STATE OF NCT OF DELHI ..... Respondent Through: Mr. Piyush Singhal, Adv. for Mr. Ashish Agarwal, ASC with SI Dinesh, PS Aman Vihar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.09.2018 This writ petition seeks release of the petitioner on parole for a period of three months to attend to his wife who is expecting a baby in a month's time. This aspect has been verified by the respondent in the status report which has been handed over and taken on record. The address of the petitioner too stands verified. The petitioner has been sentenced to life imprisonment. A perusal of the petitioner's Nominal Roll dated 18.09.2018 reveals that his conduct in jail has been satisfactory since the inception of his incarceration. The petitioner has already undergone incarceration for about six years. Furthermore, the petitioner has not misused the liberty granted to him earlier.

The petitioner has to take care of her wife, whose rights would otherwise be affected. A person in long incarceration is entitled to parole in order to re-establish social and family ties and for his mental and physical well-being.

In view of the foregoing, the Court finds no impediment in allowing the present petition. Consequently, the petitioner is enlarged 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 two sureties, one of whom shall be a petitioner's relative, 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, concerned Police Station Aman Vihar, 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.

NAJMI WAZIRI, J SEPTEMBER 19, 2018/kk