Virender Singh v. State, NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2368/2015 VIRENDER SINGH ..... Petitioner Through Mr.Jitender Sethi & Mr.Akash Sharma, Advs.
versus STATE, NCT OF DELHI ..... Respondent Through Mr.Sanjay Lao, ASC.
Insp.R. Sriniavasan/Crime Branch.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 23.11.2015 The petitioner had preferred an application for being released on parole on the ground of marriage of his daughter which is to be solemnised on 02.12.2015, but the aforesaid petition has not yet been decided. Hence the present writ petition.
It has been submitted with reference to the nominal roll, that the petitioner has remained in jail for more than 15 1⁄2 years and his overall conduct in jail has been good.
He has also been performing the work assigned to him in the jail diligently.
It is further submitted that on several occasions, the petitioner was released on parole and furlough by the orders of this Court as also by the orders of the competent authority but on no occasion, anything adverse was reported against the petitioner.
The status report though affirms the fact of the marriage of the
daughter of the petitioner but also lists 13 cases to the credit of the petitioner. While going through the list of such cases, it would appear that most of the cases have been lodged in Western Uttar Pradesh and under such sections of IPC and other allied acts which might give an impression to the police about his jumping the parole bond or creating disturbance in the society.
Learned counsel for the petitioner, in response to such statement made in the status report, submits that most of the cases which have been listed, have either ended in acquittal or are being tried in the concerned Court. Had the apprehension of the police been true, the petitioner would not have been allowed to be let out from jail on either furlough or parole in the past. The very fact of his not having jumped the parole and furlough in the past is a definite indice of his having reformed his ways in life. Considering the aforesaid fact and taking into account the pious obligation of a father to marry his daughter, this Court is inclined to release the petitioner on parole for a specified period.
Let the petitioner be released 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.10,000/- with one surety of the like amount, to the satisfaction of the Trial Court, 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 both the sureties 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. Dasti.
A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J NOVEMBER 23, 2015 ab