Jonny v. State

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3023/2017 JONNY ..... Petitioner Represented by:

Mr. Vishal Raj Sehijpal, proxy Adv.

versus STATE ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.01.2018 Status report has been handed-over which is taken on record. By this petition the petitioner challenges the order dated 19th September, 2017 whereby his application for grant of parole was rejected on the ground that one of the co-accused of the convict Ravi-ul-Islam has jumped the parole. The petitioner has been convicted for offence punishable under Section 302/323/34 IPC and sentenced to imprisonment of life which conviction and sentence has been upheld by this Court in the appeal. The petitioner seeks parole by the application filed before the competent authority and in the present petition to maintain social ties and take care of his old-aged parents who are suffering from various ailments. W.P.(CRL) 3023/2017

As per the status report the family of the petitioner comprising of his parents and younger brother was found residing at Jhuggi No. 261, Indira Gandhi Camp Pahari No.2, Taimur Nagar, Delhi. It is stated that the younger brother of the petitioner is competent to take care of his parents. Further the only ailment from which the father of the petitioner is claimed to be suffering is diabetes for which he has failed to provide any documents. Be that as it may, as per the nominal roll, the petitioner was granted parole for a period of four weeks by this Court with effect from 23rd June, 2016 and there is no allegation that the petitioner misused the said concession.

In view of the previous conduct of the petitioner in surrendering in time and for the reason that he has roots in the society, his family residing at the given address, this Court deems it fit to grant parole to the petitioner. It is therefore directed that the petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of ₹20,000/- with two surety bonds of the like amount out of which one surety would be a family member of the petitioner subject to the satisfaction of the learned Trial Court/ CMM concerned.

Petition is disposed of.

Copy of this order be communicated to the petitioner through Superintendent Tihar Jail.

MUKTA GUPTA, J.

JANUARY 25, 2018 'ga'

W.P.(CRL) 3023/2017