High Court of DelhiW.P.(CRL)/1952/2015

Inder Pal v. State

2015-09-08Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1952/2015 INDER PAL ..... Petitioner Through:

Mr.Sumer Kumar Sethi, Advocate.

versus STATE ..... Respondent Through:

Mr.R.S.Kundu, ASC with Mr.Ankit Kumar Gulia, Advocate.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 08.09.2015 The petitioner questions the order dated 17.7.2015 passed by the competent authority whereby his prayer for being released on parole for preferring SLP before the Supreme Court and reconnecting his social ties has been rejected. The rejection primarily is on the ground of an apprehension in the mind of the police that his release would have an adverse impact on law and order in the society and would cause security hazards.

Learned counsel for the petitioner submits that the apprehension of the police is completely illusory and there is no credible information/material for them to have come to such a conclusion. He further submits with reference to the nominal roll that the overall conduct of the petitioner in jail has been very satisfactory. The status report which has been filed today during the course of hearing of this petition affirms the

residential address of the petitioner.

A convict cannot be prevented from pursuing his legal remedies. Considering the above facts, the petitioner is directed to be released on parole for a period of 30 days from the date of his release on his furnishing a bond in the sum of Rs.5000/- 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 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 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. Dasti.

ASHUTOSH KUMAR, J SEPTEMBER 08, 2015/k