High Court of DelhiW.P.(CRL)/12/2017

Mangal Singh v. State

2017-02-09Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 12/2017 MANGAL SINGH .....

Petitioner Through:

Mr. Sumeet Verma with Mr. Abhijeet Sharma, Adv.

versus STATE .....

Respondent Through:

Ms. Nandita Rao, ASC with Insp Surendra Singh

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 09.02.2017 The status report has been filed by the State. The petitioner has preferred the present petition to assail the order dated 16.11.2016 whereby the petitioner's application to seek parole has been rejected by the State. The petitioner also seeks a direction that he be released on parole for a period of 3 months. The grounds for rejection are, firstly, that the address of the petitioner has not been verified by the concerned police authorities at Bulandsher. The second is that the petitioner is a convict in the case of rape and murder of his own 12 year old daughter.

The petitioner is convicted in case FIR 432/2005 under Section 302/376. He is undergoing a life sentence. His criminal appeal has been dismissed by this court on 04.12.2016. The petitioner had undergone 11 years 1 month and 24 days incarceration. The jail conduct of the petitioner is reported to be satisfactory. The nominal roll shows that the petitioner has been released on furlough on several occasions including thrice in the year

2016. The petitioner has also been released on parole on three earlier occasions. It is not reported that the petitioner has misused the said liberty granted to him.

The State was specifically required to enquire whether the petitioner's wife is willing to Let him into her residence. The status report filed on record verifies the address provided by the petitioner as also the fact the wife of the petitioner is ready and willing to let the petitioner live with her while he is on parole.

In these circumstances, the petitioner is directed to be released on parole for a period of four weeks subject to: i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Jail Superintendent; ii) he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m. during the period of parole; iv) he shall duly surrender at the end of the period of parole; and v) he shall also not indulge in any criminal activity while on parole. VIPIN SANGHI, J FEBRUARY 09, 2017 sr