Sudhir v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1458/2015 SUDHIR ..... Petitioner Through Mr.Jatin Rajput, Adv.

versus STATE ..... Respondent Through Mr. Sanjay Lao, ASC with Mr.Siddharth Sindhu, Adv.

SI Dinesh Dahiya PS Sultanpuri.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 17.09.2015 The petitioner questions the order dated 12.01.2015 passed by the competent authority whereby his prayer for being released on parole has been rejected. The petitioner had sought his release for filing SLP before the Supreme Court of India and also for reconnecting social ties. The aforesaid prayer was rejected on the ground that his release would have an adverse impact on the even tempo of the society. Learned counsel for the petitioner submits that there is no credible information or any tangible material for the competent authority to have come to that conclusion.

With reference to the nominal roll, learned counsel for the petitioner submits that the petitioner has remained in jail for about 6 years. It has been contended on behalf of the State that the overall conduct of the petitioner in jail has been far from satisfactory and he was punished

on 16.02.2015 for having attacked another inmate of the jail with the help of surgical blade.

The status report affirms the place of residence of the petitioner. However, since the petitioner is required to avail legal remedies and has to file SLP before the Supreme Court of India, this Court is inclined to release him on parole for a period of one week from the day of his release. The petitioner shall be released on parole for a period of one week from the day of his release on his furnishing a bond in the sum of Rs.10,000/- with two sureties of the like amount, one such surety being either his father or brother, to the satisfaction of the Trial Court. The release of the petitioner would be subject to the following conditions:

i.

The petitioner would not indulge in any unlawful activity. ii.

No sooner the petitioner is released from jail, he shall visit the concerned police station and shall apprise the SHO about his place of residence and his future course of action. iii.

He shall also furnish his mobile telephone number and the mobile telephone numbers of his sureties who would either his father or brother to the SHO of the concerned police station. iv.

The petitioner would get his presence marked in the concerned police station on every alternate day till the time that he is on parole.

In case, the petitioner flouts any one of the conditions, he shall straight away be taken into custody and sent to jail.

With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance ASHUTOSH KUMAR, J SEPTEMBER 17, 2015 ab