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High Court of DelhiW.P.(CRL)/3067/2017

Himanshu @ Chintu v. The State NCT Of Delhi & ORS

2017-11-15Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3067/2017 HIMANCHU @ CHINTU ..... Petitioner Through Mr Puneet Garg and Mr. Nitesh Gupta, Advocates with Petitioner-inperson versus THE STATE NCT OF DELHI & ORS ..... Respondents Through Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, ASC SI Ramakant, P.S. Sarai Rohilla.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 15.11.2017 Crl.M.A. No. 18020/2017 (Ex.) Exemption allowed subject to all just exceptions. Application is disposed of.

W.P.(CRL) 3067/2017 The petitioner was released on parole for a period of 4 weeks by the competent authority by the order dated 08.08.2017 but the aforesaid order was subject to the condition that the jail authorities would have the residential address of the petitioner verified before his release on parole. The residential address of Suresh Suman, father of the petitioner was furnished by him, which was found to be lacking in particulars. The report indicated that Suresh Suman, father of the petitioner, is not a permanent

resident of the area.

As such, the petitioner could not avail of the order dated 08.08.2017 granting parole to him.

Learned counsel for the petitioner has drawn the attention of this court to the fact that the aforesaid Suresh Suman had been standing as surety to the petitioner on earlier occasions, when the petitioner was granted parole, furlough or interim bail and it had been accepted by the authorities every time.

For no apparent reason, on this occasion, it was stated by the verifying authority that the permanent residence of the surety has not been provided. The fresh status report reveals that the address has been verified and has been found to be correct.

In view of the above, the petitioner is permitted to avail of the order dated 08.08.2017 and shall be released on parole for a period of 4 weeks, subject to other conditions being satisfied.

With the aforesaid observations, the application is allowed. Dasti.

ASHUTOSH KUMAR, J NOVEMBER 15, 2017 NC