Nirmal Devi v. The State & ANR

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1590/2015 NIRMAL DEVI ..... Petitioner Through:

Mr.Saleem Ahmed with Mr.Ajay Pratap Singh, Advocates versus THE STATE & ANR ..... Respondents Through:

Ms.Richa Kapoor, ASC with Mr.Rohit, Advocate for the State Mr.Sanskriti Jain, Advocate for Ms.Rajdipa Behura, SPP for the CBI

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 03.08.2015 The petitioner questions the order dated 10.7.2015 passed by the competent authority whereby her prayer for grant of parole has been rejected on the ground that she has served only 10 months and 21 days and therefore she is not entitled either for furlough or parole. Ms. Richa Kapoor, Additional Standing Counsel, appearing for State files a fresh nominal roll. Let it be kept on record. Nominal roll suggests that the petitioner has remained in custody for one year by now.

The prayer for release on parole was made by the petitioner on the ground that she is required to file SLP against the judgment and order of conviction.

The convict is definitely entitled to avail the remedies available to her

in law. The petitioner was earlier granted interim bail by this court on more than one occasion and every time the petitioner surrendered before the jail authorities on time.

The conduct of the petitioner in jail has also been satisfactory.

Considering the aforementioned aspects, let the petitioner be released on parole for a period of 30 days from the date of her release subject to the petitioner furnishing a bond in the sum of Rs.10,000/- with two sureties of like amount to the satisfaction of the Trial Court. The petitioner, while on parole, would not commit any unlawful act and would not try to intimidate or meet the complainant or the witnesses on whose testimony, she stands convicted.

The petition is allowed.

Let this order be communicated to the Superintendent of the concerned jail.

Dasti.

ASHUTOSH KUMAR, J AUGUST 03, 2015 ns