Shahjahan v. State

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1917/2017 SHAHJAHAN ..... Petitioner Through: Mr.K. Singhal, Advocate.

versus STATE ..... Respondent Through: Mr.Rahul Mehra, Standing Counsel for State with Mr.Jamal Akhtar, Advocate along with SI Shailender Kumar and ASI Puran Singh, PS Gokul Puri, Delhi.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 12.10.2017 1.

Status report has been filed. Nominal roll has been received. 2.

The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') seeking her release on parole for three months in order to re-establish social ties with family members and society.

3.

Learned standing counsel submits that the request to grant her parole was rejected by the order dated 18.04.2017 for the reason that the requisite minimum period of six months from the date of termination of previous parole had not expired.

4.

As per the nominal roll, the petitioner was convicted for the offence

u/s 302/307/452/34 IPC, arising out of FIR No. 313/2005, PS Gokulpuri, Delhi by the learned ASJ, Delhi and she was awarded life imprisonment with a fine of Rs.30,000/- and in default of payment of fine, simple imprisonment of nine months. Her criminal appeal, being Crl.A. 300/2015 was dismissed by this court on 20.11.2015. She was released on parole for a period of one month in terms of the order of this court dated 06.08.2016 from 02.09.2016 till 03.10.2016. As per the nominal roll, her overall conduct in the jail is found to be satisfactory.

5.

In these circumstances, the petitioner be released on parole for a period of one month from the date of her release on the following terms and conditions: - (i) she shall furnish her personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent.

(ii) the petitioner shall maintain good conduct and behaviour during her release on parole.

(iii) the petitioner shall not leave the National Capital Territory of Delhi.

(iv) she shall provide mobile number of her surety to the SHO of the concerned Police Station, which shall be kept in active mode and shall not be changed without permission of this court. (v) she shall report her presence to the SHO of the area once in a week i.e. on every Monday at 3:00 PM.

(vi) she shall surrender immediately on completion of parole before the concerned Jail Superintendent.

6.

The petition is disposed of accordingly.

7.

Copy of this order be sent to the Jail Superintendent for compliance. 8.

Copy of this order be given dasti.

VINOD GOEL, J.

OCTOBER 12, 2017 "shailendra"