Amit Kumar v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3375/2017 AMIT KUMAR ..... Petitioner Through:

Mr. Anurag Jain and Ms. Ayushi Sharma, Advocates.

Versus

THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Jamal Akhtar for Mr. Rahul Mehra, Standing Counsel for State with SI Deep Chand, P.S. Vasant Vihar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.12.2017 This writ petition seeks release of the petitioner on parole for a period of one month to enable him to engage a counsel to file a Special Leave Petition (SLP) against his conviction, before the Hon'ble Supreme Court of India as well as to arrange resources/finance for the proposed appeal. The Nominal Roll of the petitioner shows that he has been incarcerated for about eight years and has earned remission of 7 months and 15 days as on 07.12.2017.

As per the Status Report filed by the State, the address of the petitioner has been verified.

A convict has a right to pursue his legal remedies and to seek parole for exercising such rights, for instance for filing an SLP against his conviction.

In view of the foregoing, a case is made out for grant of parole. Consequently, the petitioner is enlarged on 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 Station House Officer (SHO), Police Station Vasant Vihar, Delhi, once a week on 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,; (3) the petitioner shall not leave the territory of NCT of Delhi; and (4) the petitioner shall surrender before the jail authorities at the expiry of the period of parole.

The Court is informed that the process of verification by the Jail Superintendents concerned takes over two weeks. The Court finds this delay unreasonable. In the circumstances, it is expected that upon surety being furnished, the verification, as may be, shall be done within three days and the petitioner shall be released on parole on the 4th day. With the above directions the writ petition is disposed off. The Registry is directed to send a copy of this order to the Jail Superintendent concerned for compliance.

A copy shall also be served through the police.

A copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master.

NAJMI WAZIRI, J.

DECEMBER 19, 2017 sb