Manoj Tyagi v. State

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2153/2015 MANOJ TYAGI ..... Petitioner Through:

Mr. Rajender Chhabra, Adv.

versus STATE ..... Respondent Through:

Mr. Ashish Aggarwal, ASC with Mr.Piyush Singhal, Adv. for the State SI Davendra Singh, P.S. Hari Nagar

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 06.01.2016 The petitioner had applied for being released on parole before the competent authority for providing medical treatment to his aged parents and for reconnecting social ties. The aforesaid prayer was rejected because of the adverse report of Police against him.

The order dated 29.07.2015 passed by the competent authority whereby the prayer of the petitioner was rejected takes note of the fact that the Police is of the opinion that there is a possibility of the petitioner committing similar offence and jumping the parole bond. Learned counsel for the petitioner, however, on the other hand, submits that such an apprehension of the Police is without any credible material and is not based on any cogent ground. In the past also, the petitioner was released on parole and furlough and on no occasion any

untoward incident was reported against the petitioner or the petitioner indulged in any unlawful activity.

The petitioner is in custody for about 18 years by now and deserves to be released on parole for combating inner stress and maintaining social ties. The status report affirms the residential address of the petitioner. The petitioner has a home and hearth and there is no possibility of his fleeing from the course of justice.

Considering the aforestated facts, this Court is inclined to release the petitioner on parole for a period of 30 days from the date of his release, subject to the petitioner furnishing a bond in the sum of Rs.5,000/- with one surety of the like amount, to the satisfaction of the Superintendent of the concerned jail, 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) If the petitioner is required to go out of the territory of Delhi, he would intimate about his visit to the SHO of the concerned police station.

d) He shall furnish his mobile telephone number and the mobile telephone number of the surety 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 the coercive steps for securing his attendance. With these observations, the petition is disposed of.

A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. Dasti.

ASHUTOSH KUMAR, J JANUARY 06, 2016 ns