Doodh Nath v. State

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 20/2017 DOODH NATH ..... Petitioner Through:

Mr. Kanhaiya Singhal, Adv.

versus STATE ..... Respondent Through:

Mr. Rajesh Mahajan, ASC for the State.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.02.2017 Address of the petitioner has been verified.

Vide order dated 8th November, 2016, which has been impugned in this writ petition, parole request of the petitioner has been rejected on two grounds; firstly there is an adverse police report against him that he could create law and order problem and secondly, he had not served one year in prison post conviction. It is noted that petitioner had served only 8 months and 21 days of sentence after conviction.

As regards apprehension of respondent that petitioner may create law and order problem, no reasons have been given for arriving at such a conclusion. Petitioner had remained on bail for 15 years during the pendency of the appeal. It is not the case that during this period he created any law and order problem.

As regards second ground is concerned, the

same stands fulfilled as petitioner has completed more than 1 year post conviction as of now.

Keeping in mind the totality of the facts and circumstances, it is ordered that petitioner be released on parole for a period of four weeks from the date of his release, subject to his furnishing a personal bond in the sum of `10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent. After the expiry of the parole period, petitioner shall surrender before the Jail Superintendent.

Writ petition is disposed of.

A.K. PATHAK, J.

FEBRUARY 13, 2017 ga