Parmod v. State

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1384/2015 PARMOD ..... Petitioner Through:

Mr.Ankur Sood, Advocate.

versus STATE ..... Respondent Through:

Mr.R.S.Kundu, Addl.Standing Counsel with Mr.Vishesh Wadhwa, Advocate for State.

ASI TejRam, P.S.Najafgarh.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 10.07.2015 The prayer of the petitioner for release on parole was rejected by the competent authority on 8.5.215.

Parole was sought on the ground that the petitioner needed to repair his house which has become unworthy of living as also to arrange for admission of his two sons who are studying in class 10th and 12th respectively. The additional ground raised by the petitioner for seeking parole is to reconnect with his family and look after, for sometime, his wife who recently had suffered very high fever.

Mr.Kundu, learned Additional Standing Counsel files the status report.

Let it be taken on record.

The status report confirms the fact that the wife of the petitioner was ill but was discharged from hospital. The sons of the petitioner are studying in standard 10th and 12th respectively.

The nominal roll of the petitioner discloses that he has remained in custody for 6 years and 9 months by now. The petitioner was on interim bail on three occasions and every time when the period of interim bail expired, he surrendered before the jail authorities. The petitioner was also released on parole from 25.6.2014 to 26.7.2014 but surrendered in time before the jail authorities.

It has been submitted that the ground taken by the police as also the competent authority that there is an apprehension of his jumping the parole is illusory and is not based on any objective consideration. 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.20,000/- with two sureties of like amount, one such surety shall be a close relative of the petitioner, subject 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) The petitioner would not leave, under any circumstance, the National Capital Territory of Delhi.

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. Dasti.

A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J JULY 10, 2015 k