Riyaz v. State

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3795/2018 RIYAZ ..... Petitioner Through:

Mr. Sulaiman Mohd. Khan, Advocate (DHCLSC) and Mr. Gaurav Yadav, Advocate.

versus STATE ..... Respondent Through:

Ms. Kamna Vohra, ASC for State and Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel for GNCTD with SI Mukesh Yadav, PS-Jagatpuri.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 18.12.2018 Issue notice. Ms. Kamna Vohra, the learned Additional Standing Counsel accepts notice on behalf of the State. The petitioner seeks parole for three months for filing a Special Leave Petition in exercise of his constitutional right to seek acquittal against a conviction and punishment for seven years for which he is undergoing incarceration. He has been incarcerated for 3 years, 10 months and 21 days as of 28.11.2018. The petitioner states that he will be the best person to choose, brief and assist a counsel to file and present his case before the Supreme Court. He also states that he has to make arrangements of funds for the same. His address in Delhi has been verified by the Police. In view of the above, insofar as the petitioner seeks to exercise his

constitutional right, the Court finds no impediment in allowing the present petition. Accordingly, the petitioner is granted parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.10,000/- 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 Police Station, Jagat Puri, Delhi, once a week, on every Tuesday during the period of parole.

(2) He shall furnish his telephone number to the SHO concerned, which the petitioner shall keep operational at all times. (3) He shall not leave the territory of NCT of Delhi. (4) The petitioner shall surrender before the Jail Authorities at the expiry of the period of parole.

With the above directions, the Writ Petition stands disposed-off. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master and a copy be sent to the Jail Superintendent concerned, for compliance, through the police. NAJMI WAZIRI, J DECEMBER 18, 2018 RW