High Court of DelhiW.P.(CRL)/1983/2015

Mahavir Singh v. State NCT Of Delhi & ANR

2015-10-08Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1983/2015 MAHAVIR SINGH ..... Petitioner Through:

Mr.Manu Sharma, Mr.Abhir Datt and Ms.Ridhima Mandhar, Advs.

versus STATE NCT OF DELHI & ANR ..... Respondent Through:

Mr.Rahul Mehra, Standing Counsel (Crl.) with Mr. Amrit Singh and Mr. Jamal Akhtar, Advs.

ASI Davender Kumar, PS Dabri Mr. Sanjeev Bhandari, SPP, CBI

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 08.10.2015 The petitioner seeks parole on the ground that he is required to attend to his mother who is 80 years old and has been run over by a cow, leading to her hospitalization.

The aforesaid fact has been verified by the State as well as the CBI and the said assertion has been found to be true, though Mr. Mehra, Standing Counsel (Criminal), submits that the condition of the mother of the petitioner is not very critical.

From the nominal roll, it appears that the petitioner has been given the concessions of parole and furlough a number of times and on all such occasions, when he was released from jail, he has not indulged in any

activity which could be said to be unlawful in any manner. His overall conduct in jail has been satisfactory.

Mr. Mehra, learned Standing Counsel submits that immediately after his filing the petition seeking parole before the competent authority, the petitioner has preferred the present writ petition without awaiting for a reasonable time for the competent authority to act on such a petition. The competent authority is expected to pass an order on a petition of this kind within three weeks.

Learned counsel for the petitioner, on such objection, submits that only in an emergent situation of his mother having been hit by a cow, leading to her hospitalization that the present writ petition has been filed. Considering the fact that the mother of the petitioner is required to be medically attended, this Court is inclined to release the petitioner on parole for a specified period of a fortnight.

Let the petitioner be released on parole for a period of 15 days from the date of his release on his furnishing a bond in the sum of Rs.10,000/- with two sureties of like amount to the satisfaction of the Trial Court. The petitioner shall, after the expiry of period of parole, surrender positively before the jail authorities or else his conduct would be viewed very seriously.

The petition is disposed of.

Dasti.

ASHUTOSH KUMAR, J OCTOBER 08, 2015 ns