Surender Singh v. State

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1760/2015 SURENDER SINGH ..... Petitioner Through Mr.Vikas Padora & Mr.Vaibhav Aggarwal, Advs.

versus STATE ..... Respondent Through Mr.Jamal Akhtar, Adv. for Mr.Rahul Mehra, Standing counsel.

SI Ashok Kumar PS Janakpuri.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 05.01.2016 The petitioner applied before the competent authority for being released on parole as his wife is suffering from Tuberculosis. The other ground for which the petitioner sought parole was to reestablish social ties with his family members and society. The aforesaid prayer was rejected by competent authority on 09.07.2015 primarily on the ground of adverse police report against him. Learned counsel for the petitioner submits that prayer for parole has been rejected on a wrong premise. Learned counsel for the petitioner further submits that the petitioner had earlier been released on parole and furlough a number of times by DG(P) and on no occasion, his release caused any law and order problem.

With reference to his nominal roll, it is submitted that the petitioner

has remained in jail for about 12 years by now and his overall conduct in jail has been satisfactory.

The status report affirms the fact that the wife of the petitioner is suffering from Tuberculosis.

Considering the aforesaid facts, the petitioner is directed to be released on parole for a period of 30 days to be counted from the date of his release on his furnishing a bond in the sum of Rs.5,000/- with one surety of the like amount, to the satisfaction of the Superintendent of the concerned Jail, 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, under any circumstance, the National Capital Territory of Delhi.

d) He shall furnish his mobile telephone number and the mobile telephone number of both the sureties 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.

Dasti.

Order be communicated to the petitioner through Jail Superintendent. ASHUTOSH KUMAR, J JANUARY 05, 2016/ab