Mohd. Yunus @ Raja v. State

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1376/2015 MOHD. YUNUS @ RAJA ..... Petitioner Through:

Mr.Saurabh Kansal, Advocate.

versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, ASC.

SI G.N.Tiwari, P.S.Kotwali.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 10.07.2015 The petitioner is aggrieved by the order dated 9.6.2015 passed by the competent authority whereby his prayer for release of parole has been rejected on the ground that he had been granted four weeks parole by this Court on 21.2.2013 and such parole could not be availed by him. Petitioner seeks his release on parole on the ground of ill health of his 70 years old mother as also for reconnecting social ties with society and family.

The petitioner has remained in jail for 10 years and 3 months by now. The nominal roll reflects that his conduct in jail is satisfactory and nothing adverse has been reported against him.

Mr.Ashish Aggarwal, learned Additional Standing Counsel files the status report in Court during the hearing of the application. Let it be taken on record.

The status report reveals that the applicant has three brothers, two of whom are residing separately whereas the younger brother is residing with the mother. The petitioner comes from very poor strata of society and he also needs to pool in his resources for the treatment of his mother. Considering the fact that earlier also, a bench of this Court had directed for release of the petitioner on parole but the same concession could not be availed by the petitioner for some reason or the other, this Court is inclined to release the petitioner on parole for a period of 30 days from the date of his release.

Let the petitioner be released on parole on his furnishing a bond in the sum of Rs.15,000/- with two sureties of like amount, one such surety to be the brother of the petitioner, to the satisfaction of the Trial Court. The aforesaid release shall be subject to the condition that immediately after going to his own town i.e. Muzaffarnagar in the State of U.P, he shall contact and get his presence marked with the Station House Officer of the concerned police station in whose territorial jurisdiction is his home and hearth. The petitioner would not engage himself in any unlawful activity. The petitioner would positively surrender before the jail authorities on or before the date when the period of parole expires. The petitioner shall also furnish his mobile telephone number and the mobile number of his brother who would stand as surety for him, to the superintendent of the concerned jail.

The application is allowed and disposed of accordingly. ASHUTOSH KUMAR, J JULY 10, 2015 k