High Court of DelhiW.P.(CRL)/3399/2017

Vijaypal v. State

2018-01-08Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3399/2017 VIJAYPAL ..... Petitioner Through:

Ms Inderjeet Sidhu, Adv versus STATE ..... Respondent Through:

Mr Sanjay Lao, ASC with SI Pawan Kumar

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 08.01.2018 The petitioner is seeking parole for the reasons mentioned in the petition. One such reason is to maintain his social ties. Nominal roll of the petitioner reflects that the petitioner is convict under Section 302/394/397/34 IPC. He had been sentenced to death on 03.09.2013. In the course of the appeal he had been sentenced to imprisonment for life with the direction that he shall remain in actual custody for a period of 25 years without remission. As on 16.06.2017 the petitioner had undergone incarceration of more than 131⁄2 years. He had availed of parole on an earlier occasion i.e., between 11.05.2016 to 09.06.2016. It is not in dispute that this period of parole was not misused by the petitioner. Learned counsel for the State points out that the conduct of the petitioner was unsatisfactory. Learned counsel for the petitioner on the core points out that this was

for a reason that a mobile phone had been found recovered from the petitioner as the petitioner was in the process of contacting his brother whom he had not met for several years. Additional submission is being that punishment has already been awarded to the petitioner on that core. Noting the above narration of facts and the fact that petitioner on an earlier occasion already granted parole had not misused the said parole, it is a fit case where the prayer made by the petitioner should be granted. Accordingly, the petitioner be released on parole for a period of three weeks to be counted from the date of his release on his furnishing a personal bond in the sum of Rs.10000/- with two surety of like amount subject to the satisfaction of Jail Superintendant concerned with condition that the petitioner shall report to the local SHO on every Monday of each week and surrender immediately himself to the Jail on the expiry of the aforenoted parole period of three weeks. He will give his contact number as also his latest residential address to the Investigating Officer. Petition disposed of.

A copy of the order be sent to Jail Superintendant concerned for intimation to the petitioner.

Order dasti.

INDERMEET KAUR, J JANUARY 08, 2018 SU