Raj Kumar @ Raju v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1604/2015 RAJ KUMAR @ RAJU ..... Petitioner Through:

Ms. Rakhi Dubey, Adv.

versus STATE ..... Respondent Through:

Mr.Avninder Singh, ASC for the State with Ms. Megha Bahl, Adv.

ASI Jagbir Singh, PS Gokulpuri

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 07.12.2015 The prayer of the petitioner for being released on parole was rejected on 09.07.2015 by the competent authority for the purposes of searching a suitable life partner for his daughter, who has become of marriageable age and as also to reconnect social ties with the family members and society. The adverse police report regarding the possibility of the petitioner of committing crime in case he is released on parole weighed heavily with the competent authority. The competent authority has also taken note of the fact that the petitioner had last availed of two weeks of furlough uptill 17.3.2015 by the order of DG (P).

The status report affirms that the petitioner has home and hearth and that one of his daughters namely, Komal, is of marriageable age. The nominal roll of the petitioner reveals that he has remained in custody for

about 8 years and his overall conduct in jail has been satisfactory. On many occasions he has been released on furlough and parole and no occasion has he breached any of the conditions on which he was released or has acted against law.

Learned counsel for the petitioner submits that the apprehension of the police is not based on any credible information. Considering the aforesaid facts, this Court is inclined to release the petitioner for a specified period.

The petitioner shall be released on parole for a period of 30 days from the date of his release, on his furnishing a personal bond in the sum of Rs.5,000/- with one surety of the like amount to the satisfaction of the Trial Court, subject to the following conditions:- a) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. b) The petitioner shall not engage himself in any unlawful activity. c) The petitioner would not leave the National Capital Territory of Delhi, without permission of the Trial Court. d) He shall furnish his mobile telephone number and the mobile telephone number of the surety to the SHO of the concerned police station so that in case of necessity he could be tracked and his whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of.

Order be communicated to the petitioner through Jail Superintendent. Dasti.

ASHUTOSH KUMAR, J DECEMBER 07, 2015 ns