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High Court of DelhiW.P.(CRL)/3090/2018

Rakesh Sharma v. State

2018-10-08Hon'Ble Mr. Justice Najmi Waziri2 pages

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3090/2018 RAKESH SHARMA ..... Petitioner Through: Mr. Manu Sharma, Adv. (DHCLSC) with Mr. Vijay Singh, Adv.

Versus

STATE ..... Respondent Through: Mr. Ashish Aggarwal, ASC for State with SI Harkesh Meena, P.S. Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 08.10.2018 The petitioner's application seeking parole to take care of his ailing mother, who is stated to be suffering from a paralytic attack as well as other age related ailments and to maintain his social ties, has been rejected. The order dated 23.08.2018 stated that the matter was looked into by the Minister of Home, Govt. of NCT of Delhi.

The learned counsel for the State submits that ordinarily, applications for parole are not considered by a Minister, Govt. of NCT of Delhi. Therefore, the reference to the Minister shall be reviewed at the administrative level.

The learned counsel for the State submits that the petitioner's address and his mother's ailments have been verified. The Court is of the view that an exigency for grant of parole is made out. The petitioner is serving a life sentence. He has been incarcerated for a

period of 17 years and 6 months as on 25.09.2018 and has also earned a remission period of 5 years and 2 months. He has also enjoyed eight paroles and 10 furloughs. His conduct in jail is stated to be satisfactory. In view of the above, the petitioner is granted parole for a period of six weeks from the date of his release on his furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned subject to the following conditions:- (1) The petitioner shall report to the local Police Station once a week during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times (3) He shall not leave the territory of NCT of Delhi. (4) The petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed off. A copy of this order be given dasti to the learned counsel for the parties.

NAJMI WAZIRI, J.

OCTOBER 08, 2018 acm