Hem Singh @ Hemu v. State ( Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1258/2015 & CRL.M.A. 9105/2015 HEM SINGH @ HEMU ..... Petitioner Through Mr. Ajay Verma, proxy Adv.

versus STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through Mr. Vishesh Wadhwa, Adv. For Mr.R.S. Kundu, ASC for state.

SI Sachin Tomar PS Pandav Nagar

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 17.07.2015 Nobody appears on behalf of the appellant.

Mr. Ajay Verma, learned counsel on the panel of Delhi High Court Legal Services Committee, for the benefit of the petitioner, takes up the matter.

A prayer for release on parole on the ground of reconnecting social ties had been rejected by order dated 19.06.2015 by the competent authority. The ground taken in the order is non-verification of the address of the petitioner.

The status report has been filed which confirms the address as also the grounds taken by the petitioner in his application for release on parole. The younger son of the petitioner is not doing well in his studies and funds have to be arranged for the elder son who is pursuing his BBA course.

The status report further reveals that the family members of the petitioner are residing at S-110, Sunder Block, Shakarpur, Delhi, in a privately owned house.

The custody certificate which has been annexed as Annexure-B to the application reveals that the petitioner was granted parole in the year 2014 for 26 days and had availed furlough from 29.12.2014 to 13.01.2015. Considering the fact that the petitioner has remained in jail for a considerable number of years and every time he was granted concessions of parole and furlough, he had always surrendered on time, this Court is inclined to release the petitioner on parole 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:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. b) The petitioner shall not engage himself in any unlawful activity. c) The petitioner would not leave, under any circumstance, the National Capital Territory of Delhi.

d) He shall furnish his mobile telephone number and the mobile telephone number of both the sureties to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. Dasti.

Order be communicated to the petitioner through Superintendent of the concerned jail.

ASHUTOSH KUMAR, J JULY 17, 2015/ab