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High Court of DelhiW.P.(CRL)/2976/2017

Hunny v. State

2017-11-17Hon'Ble Mr. Justice Najmi Waziri2 pages

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2976/2017 HUNNY ..... Petitioner Through:

Ms. Sahila Lamba, Advocate (DHCLSC)

Versus

STATE ..... Respondent Through:

Mr. Piyush Singhal for Mr. Ashish Aggarwal, ASC for State with SI Sachin, P.S. Bharat Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.11.2017 Crl. M.A. No.17297/2017 (for exemption) Allowed, subject to all just exceptions.

The application stands disposed off.

W.P.(CRL) 2976/2017 This writ petition seeks release of the petitioner on parole for a period of three months to enable him to engage a counsel to file a Special Leave Petition (SLP) against his conviction, before the Hon'ble Supreme Court of India as well as to arrange resources/finance for the proposed appeal. The petitioner has been incarcerated for over three years, as on 22.09.2017.

His conduct in jail from the last one year is stated to be satisfactory.

A convict has a right to pursue his legal remedies and to seek parole for exercising such rights for instance filing an SLP against his conviction.

In view of the foregoing, a case is made out for grant of parole. Consequently, the petitioner is enlarged on parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent concerned, subject to the following conditions:- (1) the petitioner shall report to the SHO concerned, Police Station Bharat Nagar, Delhi, once a week on every Tuesday during the period of parole;

(2) the petitioner shall furnish his mobile telephone number, which he undertakes to keep operational at all times, to the SHO concerned; (3) the petitioner shall not leave the territory of NCT of Delhi; and (4) the petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is disposed off. A copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master.

NAJMI WAZIRI, J.

NOVEMBER 17, 2017 sb