Mehfooz Islam v. State

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1866/2015 MEHFOOZ ISLAM ..... Petitioner Through:

Mr.Rajender Chhabra, Adv.

(DHCLSC) versus STATE ..... Respondent Through:

Ms. Rajni Gupta, APP for the State SI R.S. Pandit, PS Preet Vihar

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 28.08.2015 The petitioner had applied for release on parole before the competent authority, which prayer was rejected on 24.7.2015. The father of the petitioner is suffering from Tuberculosis. The petitioner has taken a specific ground for his release i.e. to get his father treated from a reputed hospital as also to reconnect social ties, if any. The competent authority rejected such prayer on the ground of a possibility of law and order problem in case of his release. Status report has been filed during the course of hearing of this petition. Let it be taken on record.

The residential address of the petitioner has been verified. The statement

about the illness of the father of the petitioner has also been confirmed. The father of the petitioner is suffering from Tuberculosis and requires to be immediately attended to.

The conduct of the petitioner in jail has been satisfactory. He has remained in jail for about three years. In the past the petitioner was released on parole and his release did not have any negative impact on the even tempo of the society.

Considering the above facts, this Court is inclined to release the petitioner on parole.

The petitioner will be released on parole for a period of 30 days from the date of his release subject to the petitioner furnishing a bond in the sum of Rs.10,000/- with one surety of 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) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station.

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 the coercive steps for securing his attendance.

With these observations, the petition is disposed of. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J AUGUST 28, 2015 ns