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High Court of DelhiW.P.(CRL)/2259/2017

Soni @ Mehtab v. State

2018-04-24Hon'Ble Ms. Justice Mukta Gupta2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2259/2017 SONI @ MEHTAB .... Petitioner Represented by:

Mr.Inderjeet Sidhu, Advocate versus STATE ... Respondent Represented by:

Ms.Iti Pandey, proxy counsel for Mr.Ashish Agrawal, ASC for the State with SI Gaurav, PS GTB Enclave

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.04.2018 By this petition the petitioner seeks parole to file Special Leave Petition, to re-establish social ties and also challenges the communication dated 8th July, 2017 rejecting the application of the petitioner for grant of parole.

On a notice being issued, a Status Report has been filed. As per the Status Report, mother of the petitioner Shehnaz is residing on rent at House No.1320, Janta Flat Tulsi Niketan, Bhopra, Ghaziabad, UP along with her another son. Wife of the petitioner namely Menaz is not living with the petitioner's family since last six years. As per the Nominal Roll, petitioner was awarded one jail punishment which was on 11th April, 2017 for which one year has since elapsed. The two co-convicts of the petitioner Saleem W.P.(CRL) 2259/2017

and Jahid are presently in custody. Learned counsel for the State submits that Jahid has since been granted parole and is due to surrender on 22nd May, 2018. Earlier also, on 6th December, 2017 the petitioner was not granted parole as Saleem was granted parole on 6th December, 2017. Considering the fact that the filing of SLP by the petitioner is being delayed as till date he has not filed SLP from Jail and that he has roots in the society as his mother and brother are residing at the above mentioned address, this Court deems it fit to grant parole to the petitioner. It is, therefore, directed that the petitioner be released on parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court/CMM, further subject to the condition that the surety of the petitioner would keep his mobile phone in operational condition so that as and when required, petitioner can be contacted.

Petition is disposed of.

A copy of this order be communicated to the petitioner through Superintendent, Mandoli Jail.

MUKTA GUPTA, J.

APRIL 24, 2018 'rk'

W.P.(CRL) 2259/2017