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High Court of DelhiW.P.(CRL)/2758/2017

Surender Kumar v. State

2017-09-21Hon'Ble Mr. Justice Ashutosh Kumar3 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2758/2017 SURENDER KUMAR ..... Petitioner Through:

Ms.Rakhi Dubey, Adv.

versus STATE ..... Respondent Through:

Mr.Rajesh Mahajan, ASC with Mr.Sachin Gupta, Adv.

SI Nikhil Singh, P.S.Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 21.09.2017 The petitioner has questioned the order dated 13.06.2017 passed by the competent authority whereby the prayer of the petitioner for being released on parole for searching a suitable match for his daughter and for reestablishing social ties, has been rejected. Learned counsel for the petitioner, with reference to the nominal roll has submitted that the petitioner was convicted for the offences under Sections 302/325 and 34 of the IPC and was sentenced to undergo RI for life, to pay a fine of Rs.1500/- and in default of payment of fine to further undergo SI for 9 months.

The petitioner has remained in jail for about 71⁄2 years by now. His conduct in jail has been satisfactory. On many earlier occasions, the petitioner was released on parole by the orders passed by this Court. On no

such occasion, while the petitioner was on parole, nothing adverse was reported against him.

Mr.Rajesh Mahajan, ASC has filed the status report. Let the same be taken on record. With reference to the status report, it has been submitted that the address of the petitioner has been verified. Considering the aforesaid facts, this Court is inclined to release the petitioner on parole for a period of four weeks. Let the petitioner be released on parole for a period of four weeks, 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.

The petitioner shall, however, abide by the conditions listed 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, without intimating the officerin-charge of the concerned police station. d) He shall furnish his and his sureties' 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 SEPTEMBER 21, 2017 k