Ashish Nandwana v. State (NCT Of Delhi)

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3248/2017 ASHISH NANDWANA ..... Petitioner Through:

Mr.Amber Mishra and Mr.Sandeep Singh, Advocates for Ms.Rakhi Dubey, Advocate for the petitioner.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms.Purnima Malik, Advocate for Mr.Avi Singh, ASC for the State with SI Anuj Singh Kadian, PS Hazrat Nizamuddin.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.11.2017 Crl.M.A. No.19117/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

W.P.(CRL) 3248/2017 1.

By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., the petitioner is seeking parole for a period of three months to enable him to attend/perform the last rituals of his father who has expired on 13th November, 2017. 2.

Status report has been filed by the State verifying the factum of death of father of the petitioner. The address of the petitioner as given in the memo of parties i.e. H.No.21, Dudubagh, Sansar Chand Road, Loha Mandi, PS Jalupura, Jaipur, Rajasthan has also been verified to be correct. 3.

Learned counsel for the Petitioner submits that the petitioner is the only son of his parents and he may be granted parole to attend/perform the W.P.(CRL) 3248/2017

last rituals of his father who has expired on 13th November, 2017 and also to support his family.

4.

On behalf of State, it is submitted that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 5.

Considering the ground for which the petitioner is seeking parole i.e. to attend/perform the last rituals of his father who has expired on 12th November, 2017, the petitioner is granted parole for a period of two weeks from the date of his release, on his furnishing personal bond in the sum of ` 10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) The petitioner shall keep the SHO/Duty Officer, P.S. Hazrat Nizamuddin, Delhi informed about his place of residence and his contact numbers i.e. mobile, landline or both, during the period of parole. (ii) While submitting the bail bond, he will furnish to the Jail Superintendent the address and the contact numbers of the place where he would reside during the period of parole.

(iii) The petitioner shall not try to contact or influence the complainant/witnesses.

6.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 7.

Writ Petition stands allowed in the above terms. As prayed, copy of the order be given dasti to learned counsel for the petitioner under the signature of Court Master. PRATIBHA RANI, J.

NOVEMBER 20, 2017/'st'

W.P.(CRL) 3248/2017