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High Court of DelhiW.P.(CRL)/3019/2017

Judge Kumar @ Deepak v. State

2017-11-06Hon'Ble Mr. Justice Najmi Waziri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3019/2017 JUDGE KUMAR @ DEEPAK ..... Petitioner Through:

Mr. Saurabh Kansal and Ms. Pallavi Kansal, Advocates.

Versus

STATE ..... Respondent Through:

Mr.

Rajesh Mahajan, Additional Standing Counsel (Crl.) and Mr. Mohit Sharma, Advocate for State with SI Jitender, P.S. K.N.K.

Marg.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 06.11.2017 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 against his conviction, before the Hon'ble Supreme Court as well as to arrange resources/finance for the proposed appeal. According to the status report filed on behalf of the State, the petitioner is a permanent resident of House No. 544, Jatav Mohalla, Badli Village, Delhi; he has his parents and five siblings, all of whom are major and working/self employed.

A perusal of the petitioner's Nominal Roll dated 16.10.2017 reveals that his conduct in jail has been satisfactory since the inception of his

incarceration. The petitioner has already undergone incarceration for about two and a half years', out of the total sentence of rigorous imprisonment of five years.

A person in long incarceration is entitled to parole in order to reestablish social and family ties and for his mental and physical wellbeing. In view of the foregoing, the Court finds no impediment in allowing the present petition. 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 K.

N. Katju Marg, Delhi, once a week on every Tuesday during the period of parole.

(2) He shall furnish his mobile telephone, which he undertakes to keep operational at all times, to the SHO concerned. (3) He shall not leave the territory of NCT of Delhi. (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.

NAJMI WAZIRI, J.

NOVEMBER 06, 2017 sb