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High Court of DelhiW.P.(CRL)/3120/2016

Pradeep v. State

2016-11-09Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3120/2016 PRADEEP ..... Petitioner Through:

Mr. Ankur Sood and Romila Mandal, Adv.

versus STATE ..... Respondent Through:

Mr. Jamal Akhtar, Adv for Mr. Rahul Mehra, Standing Counsel, GNCTD

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 09.11.2016 The petitioner has preferred the present petition to seek parole so as to file a Special Leave Petition against the dismissal of his Crl A No.1139/2014 by this court on 29.09.2014. The petitioner has been convicted under Section 302 IPC in case FIR 95/2011. He is serving life sentence. The petitioner has spent 5 years and 3 months incarceration as on 15.09.2016. He has never been released on parole earlier. His jail conduct is satisfactory.

The status report tendered in court is taken on record. Mr. Akhtar submits that the petitioner's address in UP has been got verified. He, however, submits that the petitioner does not appear to have a local address.

Merely because the petitioner has to file a Special Leave Petition, it is not necessary that he should have a local address since his residential address in UP has been got verified and he has a full-fledged family of married brothers and sisters residing at the said address. The petitioner can be released on parole.

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 file the proof of filing Special Leave Petition before the Supreme Court; and vi) he shall also not indulge in any criminal activity while on parole. VIPIN SANGHI, J NOVEMBER 09, 2016 sr