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High Court of DelhiW.P.(CRL)/1434/2015

Mahender @ Guddu v. State

2015-07-15Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1434/2015 MAHENDER @ GUDDU ..... Petitioner Through:

Ms. Suman Chauhan, Advocate (DLSA) versus STATE ..... Respondent Through:

Mr. Avninder Singh, Additional Standing Counsel for the State with SI Adesh Kumar, PS Vivek Vihar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 15.07.2015 The petitioner seeks parole for the purposes of filing SLP against the judgement in appeal.

The competent authority vide order dated 03.06.2015 rejected the prayer of the petitioner on the ground that there is no requisite police verification regarding his place of residence. The nominal roll of the petitioner discloses that out of the sentence of 3 years, the petitioner has undergone 1 year, 9 months and 7 days uptil now.

The conduct of the petitioner has been satisfactory in jail. He has been on regular bail during trial and never misused the privilege of bail.

The guidelines with regard to grant of parole and furlough provide for release for the purposes of fling SLP before the Supreme

Court. The custody of the convict should not come in the way of his exercising the statutory right of preferring an appeal to the superior court.

Considering the above facts as also the conduct of the petitioner which has been uniformly satisfactory in jail, petitioner is directed to be released on parole for a period of 30 days from the date of his release on the petitioner furnishing a bond in the sum of Rs.20,000/- with two sureties of the like amount, one such surety being close relative, to the satisfaction of the Trial Court, subject to the following conditions:-

1. That the petitioner after his release would not indulge himself in any unlawful activity.

2. The petitioner would furnish his mobile telephone number and the mobile telephone numbers of his sureties to the Station House Officer of Police Station Vivek Vihar.

3. The petitioner on the expiry of the parole period would surrender before the jail authorities.

The application is allowed and disposed of accordingly. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J JULY 15, 2015 ns