Chand Miyan v. State

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1431/2015 CHAND MIYAN ..... Petitioner Through Mr.Neeraj Bhardwaj, Proxy to Ms.Rakhi Dubey, Adv.

versus STATE ..... Respondent Through Mr.R.S. Kundu, ASC for the State with Mr.Vishesh Wadhwa, Adv.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 06.11.2015 Crl.M.A.16407/2015 The petitioner seeks modification of the order dated 03.08.2015 passed by this Court in W.P.(Crl.) No.1431/2015 whereby the petitioner was directed to be released on parole for a period of 30 days from the date of his release on his furnishing a bond in the sum of Rs.10,000/- with two sureties of the like amount to the satisfaction of the Trial Court subject to the certain conditions.

It has been submitted on behalf of the petitioner that because of his long incarceration, he could not arrange for two sureties. The only person who is ready to stand as surety for him is his younger brother. In that view of the matter, the petitioner seeks a modification of the aforesaid order.

Considering the fact that the petitioner has remained incarcerated for a

long time and for the difficulty in arranging for two sureties, the present order could not be availed of by him, this Court is inclined to modify the order dated 03.08.2015.

The petitioner is directed to be released on parole for a period of 30 days from the date of his release on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount, who would be his younger brother, to the satisfaction of the Trial Court. The other conditions imposed vide order dated 03.08.2015 shall subsist.

The order dated 03.08.2015 is modified to the extent indicated above. The application is allowed and disposed of accordingly. ASHUTOSH KUMAR, J NOVEMBER 06, 2015 ab