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High Court of DelhiW.P.(CRL)/1832/2017

Ajay Singh Chautala v. The State ( NCT Of Delhi )

2017-07-03Hon'Ble Mr. Justice Ashutosh Kumar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1832/2017 & Crl.M.A.10138/2017 AJAY SINGH CHAUTALA ..... Petitioner Through Mr.Mohit Mathur, Sr. Adv.

with Mr.Amit Sahni, Mr.Vaibhav Mishra & Ms.Anju Vaid, Advs.

versus THE STATE (NCT OF DELHI) ..... Respondent Through Ms.Kamna Vohra, ASC.

SI Devendra Singh PS Parliament Street.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 03.07.2017 For the purposes of attending the marriage ceremony of his niece at Gurugram in Haryana and for appearing in the examination for PGDCBM from Guru Jambheshwar University of Science and Technology, Hisar, Haryana, the petitioner had requested the competent authority to release him on parole. The aforesaid prayer of the petitioner was rejected on the ground that those were not emergent grounds for which such a concession could be granted. This led to the filing of the present petition.

A bench of this Court, vide order dated 28.06.2017, directed the

jail superintendent to make sufficient arrangements for the petitioner to be taken to the venue of marriage of his niece i.e. The Ritz, Ambience Islands, Gurugram, Haryana on the date of marriage and further directed that the petitioner be taken to the examination centre i.e. Lord Shiva College of Pharmacy, SIRSA (Haryana), for him to take the examination.

It has been submitted on behalf of the petitioner that the date schedule for the PGDCBM examination is from 28.06.2017 to 12.07.2017. For some reason, the petitioner could not appear in the examination which was held on 28.06.2017. As stated above, under the directions of this Court, the petitioner was taken to the examination centre on 01.07.2017 and the petitioner took the paper which was held on that date.

The next papers are to be held on 05.07.2017, 08.07.2017 and 12.07.2017 respectively.

The petitioner, therefore, prays that he be released in the evening of 04.07.2017 on parole till 09.07.2017 in the morning so as to enable him to write his papers on 05.07.2017 and 08.07.2017. The petitioner himself volunteers that he shall proceed for surrendering before the competent authority in the concerned jail in the morning of 09.07.2017. Thereafter, the petitioner has requested for being released in the evening of 11.07.2017 so that he writes his paper on 12.07.2017. The petitioner further assures this Court that he shall surrender on 13.07.2017.

Taking into consideration the aforesaid submission of the petitioner as also of the fact that the petitioner is required to write his

papers, the prayer is allowed.

The petitioner would be released on parole in the evening of 04.07.2017 and would surrender before the competent authority in the concerned jail in the forenoon of 09.07.2017. The petitioner shall again be released on parole in the evening of 11.07.2017 and shall surrender in the forenoon of 13.07.2017.

Needless to state that during this period, the petitioner shall not indulge in any unlawful activity. He shall not visit any other place except the examination centre. This Court has been informed that he has a place to stay in Sirsa where the centre of examination has been fixed. It is made clear that any rendezvous to any other place except the examination centre would be viewed seriously and in case of any adverse report, this privilege shall be withdrawn instantaneously. For the aforesaid purpose, the petitioner shall be required to furnish a bond in the sum of Rs.25,000/- with two sureties of the like amount to the satisfaction of the Superintendent of the concerned jail. The petitioner shall be required to file separate bonds on both the occasions, i.e. on 04.07.2017 and 11.07.2017. With these conditions, the prayer made in the writ petition is allowed.

Dasti under the signatures of the Court Master. ASHUTOSH KUMAR, J JULY 03, 2017 ab