Ravinder Kumar v. State

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3342/2018 RAVINDER KUMAR ..... Petitioner Through:

Mr. Aditya Vikram, Advocate (DHCLSC) and Mr. Avinash, Advocate.

Versus

STATE ..... Respondent Through:

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Karambir, P.S.

Narela.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 02.11.2018 Issue notice.

Ms. Vohra, the learned counsel accepts notice on behalf of the State. With consent of the parties, the petition is taken up for disposal. The petitioner seeks parole to attend to his ailing mother, who is about 70 years of age.

According to the Status Report, the mother was ill sometime ago, but is able to move around and is not bed-ridden, as the petitioner has sought; the other brother is out on parole and that the mother is earning about Rs.5,000/- per month.

Be that as it may, the availability of the said money would have nothing to do with the need of the mother for care. The Court would note that the Status Report does not state as to whether the other brother, who has been released on parole, is living with the mother and is taking care of her appropriately.

A perusal of the petitioner's Nominal Roll dated 09.10.2018 reveals that his conduct in jail has been satisfactory since the inception of his incarceration. The petitioner has already undergone incarceration for 9 years 11 months and 14 days and has earned a remission of 1 year 9 months and 4 days. He has already been released on furlough twice this year and also on parole twice and has never misused the liberty granted. In the circumstances, the Court finds no impediment in allowing the present petition. Accordingly, the petitioner is granted parole for a period of two weeks from the date of his release on his furnishing a personal bond in the sum of Rs.10,000/-, as has been ordered by this Court in order dated 19.07.2016, to the satisfaction of the Jail Superintendent concerned, subject to the following conditions:-

(1) The petitioner shall report to the Station House Officer, concerned Police Station Narela, Delhi, once a week on every Tuesday 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 stands disposed-off. A copy of this order be given dasti to the learned counsel for the parties and a copy of this order shall also be delivered upon the Jail Superintendent concerned, through the State.

NAJMI WAZIRI, J.

NOVEMBER 02, 2018/sb