Devendri @ Sunita v. State

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2762/2017 DEVENDRI @ SUNITA ..... Petitioner Through:

Mr. Amber Mishra, Advocate for Ms.

Rakhi Dubey, Advocate.

versus STATE ..... Respondent Through:

Mr. Ashish Negi, Advocate for Ms.

Richa Kapoor, ASC for State.

SI Sumit Kumar, PS Kalyanpuri.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 01.11.2017 The petitioner is aggrieved by order dated 13.07.2017 passed by the competent authority, whereby his prayer for being released on parole for reconnecting social ties and for participating in the last rites of his father who had expired on 29.04.2017, was rejected as the petitioner had not undergone minimum of six months in custody after the termination of the previous parole.

Learned counsel appearing for the petitioner has submitted that now, period of six months has long elapsed. It has also been pointed out that the petitioner has remained in jail for more than 13 years and has displayed satisfactory conduct throughout.

On earlier occasions, the petitioner was granted parole and furlough by the competent authority as well as by order of this court and on no occasion, any adverse report came against him. Taking into account the aforesaid facts viz. the period of custody of

the petitioner and his having displayed good behaviour in jail, this court is inclined to grant parole to the petitioner for a specified period. The petitioner is directed to be released on parole for a period of four weeks, to be counted from the date of his release on his furnishing bond in the sum of Rs. 5,000/- with one surety of like amount, to the satisfaction of the Superintendent of the concerned jail.

The petitioner shall be required to follow the conditions enumerated below:- 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 Region of Delhi.

d) He shall furnish his and his surety's mobile telephone numbers 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. The order be communicated to the Superintendent of the concerned jail for compliance and record.

ASHUTOSH KUMAR, J NOVEMBER 01, 2017/NC