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High Court of DelhiW.P.(CRL)/2080/2015

Anil Kumar v. State

2016-01-05Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2080/2015 ANIL KUMAR ..... Petitioner Through Mr.Habibur Rahman, Adv.

versus STATE ..... Respondent Through Ms.Kamna Vohra, ASC.

ASI Prem Chand PS Alipur.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 05.01.2016 The petitioner is aggrieved by the order dated 07.05.2015 passed by the competent authority whereby his prayer for being released on parole for the purposes of re-constructing his house which is the only residential house belonging to him and for maintaining social ties with his family and society has been rejected on the ground of adverse police report against him. Learned counsel for the petitioner submits that he has remained in jail for about 13 years and his overall conduct in jail has been satisfactory. The petitioner was out on furlough last from 11.05.2015 to 26.05.2015 i.e. for a period of two weeks.

The status report affirms the fact that the petitioner has home and hearth and that his residential house is in a dilapidated condition. Since the petitioner has only one house where his family is residing and which house is in urgent need of repairs, the present prayer has been made.

Additionally, the petitioner also seeks parole to re-establish social ties.

Considering the aforesaid facts, the petitioner is directed to be released on parole for a period of 30 days 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 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. The petitioner would not leave, under any circumstance, the National Capital Territory of Delhi.

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 coercive steps for securing his attendance.

With these observations, the petition is disposed of. Dasti.

Order be communicated to the petitioner through Jail Superintendent. ASHUTOSH KUMAR, J JANUARY 05, 2016/ab