Neeraj v. State

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 17/2017 NEERAJ ..... Petitioner Through Mr.Dinesh Malik, Adv.

versus STATE ..... Respondent Through Ms.Anya Singh, Adv. for Mr.Avi Singh, Adv. with SI Ashok Kumar.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 10.08.2017 1.

The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 for grant of parole for a period of three months in order to enable him to file Special Leave Petition before the Hon'ble Supreme Court and to make financial arrangement for payment of fee to the counsel and to maintain family relations and re-establish social ties. 2.

Status report has been filed.

3.

As per the status report, the address where the petitioner would be residing in case he is released on parole has been verified and found to be correct.

4.

Nominal roll has also been received.

5.

Learned counsel for the State states that petitioner was awarded punishment by the Jail Superintendent on 4th June, 2017 and he should not be released on parole. It is also submitted that his co-convict during parole period committed a dacoity and was re-arrested. 6.

The petitioner was convicted vide FIR No.117/2012 under Sections 392/394/34 IPC, P.s. Hazrat Nizamuddin, New Delhi, by the learned ASJ, Saket Courts, New Delhi, on 14th August, 2014. He was awarded RI for five years and fine of Rs.10,000/- and in default of payment simple imprisonment for one year.

7.

The petitioner filed appeal, being Crl.Appeal No.1483/2014 which was dismissed by this Court on 15th July, 2016. 8.

To enable the petitioner to avail of his statutory right to prefer an appeal in the Hon'ble Supreme Court against the order of dismissal of Crl.Appeal No.1483/2014 dated 15th July, 2016, he be released on Parole for a period of ten days from the date of his release after 15th August, 2017 on the following terms and conditions: - (i) he shall furnish his personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent.

(ii) the petitioner shall maintain good conduct and behaviour during his release.

(iii) the petitioner shall not leave the National Capital Territory of Delhi.

(iv) the petitioner shall provide one mobile number of the surety which will be kept active and will not be changed without the permission of the Court.

(v) he shall report to the SHO of the area every Monday and Thursday.

9.

The petition is disposed of accordingly.

10.

Copy of this order be sent to the Jail Superintendent. 11.

Copy of this order be given dasti.

VINOD GOEL, J.

AUGUST 10, 2017/jitender