Mohd Saifi v. State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2221/2017 MOHD SAIFI ..... Petitioner Through:

Mr. Ashim Shridhar and Mr. Siddharth Gupta, Advs.

versus STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Sanjay Lao, ASC with ASI Sunil Kumar, P.S. Chandni Mahal

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 13.09.2017 The petitioner had requested the competent authority for being released on parole for searching a suitable a life partner /match for his son and for re-establishing the social ties. The same was rejected vide order dated 20.07.2017 on the ground that the petitioner did not display good conduct in the jail uniformly.

Now, the son of the petitioner is to be married on 15.09.2017. The reception is stated to be fixed on 21.9.2017. From the nominal roll, it appears that the petitioner has remained in jail for over 22 years without remission. However, his conduct in jail has not been satisfactory and the last punishment which was meted out to him was on 23.04.2017. Learned counsel for the petitioner, however, submits that in the past, the petitioner was released on parole, but nothing untoward was reported against him during the aforesaid period of parole. He also surrendered before the Jail Authorities on time.

The factum of marriage of the son of the petitioner has been confirmed on verification.

The status report which has been filed today by Mr. Sanjay Lao, learned Additional Standing Counsel is taken on record. Considering the fact that petitioner's son is getting married on 15.09.2.017 and there is a function of reception fixed for 21.09.2017, this Court is inclined to release the petitioner on parole for a period of ten days coinciding with the dates of the aforesaid two functions. The petitioner is directed to be released on parole for a period of ten days from the date his release, on his furnishing bond in the sum of Rs.5000/- with one surety, preferably one of the sons of the petitioner, of like amount, to the satisfaction of the Jail Superintendent. The petitioner shall be required to follow the conditions enumerated below:- q) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. r) The petitioner shall not engage himself in any unlawful activity. s) The petitioner would not leave, under any circumstance, the National Capital Region of Delhi, without intimating the SHO of the concerned Police Station.

t) He shall furnish his and his surety's mobile telephone numbers to the SHO of the concerned police station so that in case of necessity, he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. The order be communicated to the Superintendent of the concerned jail for compliance and record.

Copy of this order be given dasti under the signatures of the Court Master.

ASHUTOSH KUMAR, J SEPTEMBER 13, 2017 P