Atambir Singh Chota Babla v. State

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2825/2018 ATAMBIR SINGH CHOTA BABLA ..... Petitioner Through:

Mr.Ajay Verma, Ms. Sudha Reddy and Ms. Katyayini, Advocates.

Versus

STATE ..... Respondent Through:

Mr. Piyush Goel for Mr. Ashish Aggarwal, ASC with SI Yogesh Dahiya, P.S. Adarsh Nagar,

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.09.2018 Crl. M.A. No.32446/2018 (for exemption) Allowed, subject to all just exceptions.

The application stands disposed-off.

W.P.(CRL) 2825/2018 The petitioner's father and mother are 86 and 76 years old respectively. He seeks parole to visit them so that he can assist them in settling their temporal affairs including partitioning of family estate. The parole sought by him was rejected on the ground that, according to the Nominal Roll dated 06.09.2018 furnished by the Prison Department, two coconvicts of the petitioner are absconding. The said reason, according to the Court, is untenable as the petitioner is undergoing his sentence and cannot be denied parole simply because his co-convicts have been absconding. The

address of the petitioner is the same, which was furnished when he was granted furlough, therefore, the same is deemed to have been verified. In view of the above, the Court finds no impediment in allowing the present petition. Accordingly, the petitioner is granted parole for a period of one month from the date of his release on his furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned, subject to the following conditions:- (1) The petitioner shall report to the Station House Officer (SHO) concerned, Police Station Adarsh Nagar, Delhi, once a week on every Tuesday during the period of parole;

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times; (3) He shall not leave the territory of NCT of Delhi; (4) The petitioner shall surrender before the Jail Authorities at the expiry of the period of parole.

With the above directions, the writ petition is disposed-off. A copy of this order be given dasti to the learned counsel for the parties and a copy be sent to the Jail Superintendent for compliance. NAJMI WAZIRI, J.

SEPTEMBER 19, 2018 sb