Prem Raj v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1351/2015 PREM RAJ ..... Petitioner Through Mr. Himanshu Suman, proxy counsel for Ms. Arundhati Katju, Advocate versus STATE ..... Respondent Through Mr. Avi Singh, ASC with Ms. Megha Bahl, Advocate

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 11.01.2016 The petitioner had preferred an application before the Competent Authority for the grant of parole for the purposes of solemnizing the marriage of his daughter.

Simultaneously, a prayer for grant of furlough was also made by the petitioner. One of such applications preferred by petitioner was allowed and the petitioner was granted furlough for a period of three weeks from 27.02.2015 to 21.03.2016.

The application of the petitioner for parole was kept pending.

Learned Additional Standing Counsel submits that since two applications were filed simultaneously only one was acted upon and necessary orders were passed.

Learned counsel for the petitioner submits that the present

application has been filed and is pending adjudication before this Court for 08 months.

The status report affirms the residential address of the petitioner. It also affirms the fact that the daughter of the petitioner, Seema, is unmarried and his working in a shop at Saket, New Delhi and a search is being made by the family for a suitable match for her. The nominal roll discloses that the petitioner has remained in jail for a period of 13 years and his overall conduct has been satisfactory.

The petitioner, in the past, has been released on parole and furlough on several occasions and on all such occasions, the petitioner did not involve himself in any unlawful activity and surrendered before the jail authorities in time.

Considering the period of custody and his overall good conduct in jail, this Court is inclined to release the petitioner on parole for the specific period.

Let the petitioner be released on parole for a period of 30 days from the date of his release subject to the petitioner furnishing a bond in the sum of Rs.5,000/- with one surety of like amount 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) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the

concerned police station.

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 the coercive steps for securing his attendance. With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. Dasti.

ASHUTOSH KUMAR, J JANUARY 11, 2016 rb