Sanjeev Mahajan v. State

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2968/2018 SANJEEV MAHAJAN ..... Petitioner Through:

Mr. C.K. Chaturvedi, Advocate (DHCLSC) versus STATE ..... Respondent Through:

Mr. Ashish Aggarwal, ASC with SI Jasmer Singh, PS Jahangir Puri

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 01.10.2018 CRL.M.A. 33237/2018 Exemption allowed, subject to all just exceptions. The application stands disposed off.

W.P.(CRL) 2968/2018 The petitioner seeks parole. The last one was granted to him in December 2017. In the interim, he has enjoyed four furloughs. His request for parole was declined by the State on the ground of his being on furlough till 28.07.2018. The furloughs granted to the petitioner were because of his satisfactory and good conduct in jail. It is a reprieve which he had earned, it cannot be held against him. The order declining his application betrays a lack of understanding between the concept of furlough and parole. The parole is presently sought for maintaining social ties and family relations and to curb inner stress and depression, due to incarceration. The petitioner is a life convict and has spent over 9 years in jail. His conduct has been satisfactory.

In view of the above, the petition is allowed. Parole is granted for a period of two months from the date of his release, subject to his furnishing a bail bond for Rs. 10,000/- and a surety of the like amount to the satisfaction of the Jail Superintendent concerned subject to the following conditions:- (1) The petitioner shall report to the SHO, concerned Police Station Jahangir Puri, Delhi, once a week on every Tuesday during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times (3) He shall not leave the territory of NCT of Delhi. (4) The petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed off. A copy of this order be given dasti to the learned counsel for the parties.

The order be served upon the Jail Superintendent through the Investigating Officer concerned.

NAJMI WAZIRI, J OCTOBER 01, 2018 rd