High Court of DelhiW.P.(CRL)/2547/2015

Niranjan Kumar v. State

2016-01-05Hon'Ble Mr. Justice Ashutosh Kumar3 pages

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2547/2015 NIRANJAN KUMAR ..... Petitioner Through:

Mr. Aditya Vikram & Ms. Garima Singh Yadav, Advs.

versus STATE ..... Respondent Through:

Mr.Sanjay Lao, ASC with Mr.Siddharth Sindhu, Adv.

SI Badri Prasad, P.S. Connaught Place

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 05.01.2016 Crl. M.A. 16265/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2547/2015 The petitioner is aggrieved by the order dated 22.09.2015 whereby his prayer for being released on parole has been rejected by the competent authority.

The rejection is primarily on the ground that the petitioner had availed of one month parole from 21.11.2014 and thereafter had also availed five weeks' furlough during the year 2015. The last availed furlough was for two weeks which ended on 18.07.2015.

Learned counsel for the petitioner submits that six months have elapsed from the last furlough and that the conduct of the petitioner in jail has, throughout been satisfactory.

Status report affirms the residential address of the petitioner. The status report further discloses that the father of the petitioner is 82 years of age and is ill. Though no medical papers have been submitted, but considering the age of the father of the petitioner, it appears that he requires medical assistance.

Considering the good conduct of the petitioner in jail and that on no occasion did the petitioner misuse the privilege of furlough and parole, this Court is inclined to release the petitioner on parole for a period of 30 days from the date of his release.

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 Superintendent of the concerned jail, 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 the surety 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. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. Dasti.

ASHUTOSH KUMAR, J JANUARY 05, 2016 ns