High Court of DelhiW.P.(CRL)/3557/2016

Naveen Ahuja v. State

2017-02-14Hon'Ble Mr. Justice P.S.Teji2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3557/2016 NAVEEN AHUJA .....

Petitioner Through:

Mr. Ajay Verma, Advocate versus STATE .....

Respondent Through:

Ms.Kamna Vohra, ASC with SI Yogendra Kumar, PS Kapashera

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 14.02.2017 The petitioner has preferred the present writ petition to seek parole for a period of three months. The ground for parole is that the petitioner's mother is ill and to reconnect his social ties. The petitioner is undergoing a life sentence in case FIR 165/2005 registered u/s 302 IPC and section 25/27 of the Arms Act. The petitioner has undergone over 11 years and 6 months incarceration as on date. His jail conduct is found to be satisfactory. It appears that he was given one punishment way back on 14.06.2011.

His application for parole has been rejected on the ground that on the date of rejection, six months had not lapsed from the date of termination of the previous parole. The verification of his address had not been conducted. Neither of these stumbling blocks come in the way of the petitioner any further. The status report discloses that the address furnished by the petitioner has been got verified. Though it is stated that the petitioner's

mother is receiving treatment at Rohtak, Haryana, the fact that she needs treatment has not been denied. The address of the petitioner has also been got verified.

Looking to the circumstances, the petitioner is entitled to parole. The impugned order is, therefore, quashed.

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; and v) he shall also not indulge in any criminal activity while on parole. A copy of this order be communicated to the Jail Superintendent. VIPIN SANGHI, J FEBRUARY 14, 2017 sr