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High Court of DelhiW.P.(CRL)/3538/2016

Mohd Saeed v. State (NCT Of Delhi)

2017-01-09Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3538/2016 MOHD SAEED ..... Petitioner Through:

Mr. R.K. Narang, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Richa Kapoor, ASC with Ms.

Seema Patnaha, Adv for State with SI G.D. Joshi, Spl. Cell

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 09.01.2017 The latest nominal roll has been received. The State has filed its status report. The factum of the petitioner having a 24 year old unmarried son has been got verified. The nominal roll shows that the petitioner is undergoing a life sentence. He has undergone 22 years and 28 days incarceration including 14 years 8 months and 9 days post conviction as on 05.01.2017. He was granted parole on 9 earlier occasions from 2005 to 2015. The last parole granted to the petitioner was between 25.05.2015 and 10.06.2015. The jail conduct of the petitioner has been found to be satisfactory. Earlier, when the petitioner had applied for parole, he was directed to apply to the State first. The petitioner had, accordingly, made an

application to seek parole on 27.10.2016, which has not been actioned till date.

No doubt, the petitioner has been convicted inter alia, under TADA Act. However, he has earlier been released on parole on 9 occasions and there is no adverse report with regard to his activities during the period of his parole.

In view of the aforesaid, the petition is allowed. The petitioner is directed to be released on parole for a period of two weeks subject to: i) his furnishing personal bond with one surety in the sum of Rs.25,000/- to the satisfaction of the trial court; 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 every third day 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. Dasti to parties.

VIPIN SANGHI, J JANUARY 09, 2017 sr