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High Court of DelhiW.P.(CRL)/3237/2017

Gaj Raj v. State

2017-11-27Hon'Ble Mr. Justice Najmi Waziri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3237/2017 GAJ RAJ ..... Petitioner Through:

Mr. S.B. Dandapani, Advocate.

Versus

STATE ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Crl.) for State with Mr.

Jamal Akhtar, Advocate with SI S.P. Hudda, P.S. K. Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.11.2017 CRL.M.A. 19057/2017 Allowed, subject to all just exceptions.

The application stands disposed off.

W.P.(CRL) 3237/2017 The petitioner seeks parole for attending the marriage of his younger sister which is scheduled on 04.12.2017. According to the Status Report filed by the State, the address furnished by the petitioner i.e. H. No. 521, Gali No. 2, A-Block, Indira Vihar, Khora Colony, P.S. Khora Mangal Bazar, Ghaziabad, Uttar Pradesh and the schedule of the sister's marriage on 04.12.2017 has been verified.

As per the Nominal Roll dated 02.11.2017, the petitioner has been incarcerated for 11 years 5 months and 7 days and his conduct in the jail is stated to be satisfactory. He was earlier granted parole on two occasions and

after the period elapsed he surrendered before the jail. However, during the furlough granted w.e.f. 12.09.2011 to 03.10.2011, he jumped the furlough and was arrested. Thereafter, he was granted parole in 2015 and 2017. Upon expiry of the said terms he surrendered before the jail. Mr. Rahul Mehra, the learned Standing Counsel for State states that a subsequent furlough granted to the petitioner in February, 2017 was not availed by him since the condition of two sureties of Rs. 25,000/- each could not be met by him.

Be that as it may, a case is made out for grant of parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- 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, i.e. Police Station Khora Colony, Ghaziabad (Uttar Pradesh) every Tuesday, during the period of parole;

(2) the petitioner shall furnish his mobile telephone number to the SHO concerned, which shall be kept operational at all times; and (3) 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. Dasti, under the signature of the Court Master. A copy of this order be sent to the Jail Superintendent concerned. Copy be also served on the Jail Superintendent through the police. NAJMI WAZIRI, J.

NOVEMBER 27, 2017 RW