Zafar-Ul-Islam v. State

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 28/2016 ZAFAR-UL-ISLAM .... Petitioner Through:

Mr S.B.Dandapani, Advocate.

versus STATE ..... Respondent Through:

Ms Srilina Roy, Advocate for Ms Nandita Rao, Addl. Standing Counsel (Crl.) with SI Mohd. Rizwan, PS- Seelampur.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 08.01.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking a direction to the respondent to release the petitioner on parole in order to enable him to arrange, organise and remain present at the engagement of his daughter Zainab Islam scheduled for 10.01.2015.

Upon verification, a status report has been filed on behalf of the official respondent and the same is taken on record. A perusal thereof reveals that Zainab Islam, the daughter of the petitioner, aged 24 years old, is to be engaged on 10.01.2015 at Jafrabad, New Delhi.

A perusal of the nominal roll qua the petitioner reveals that he has already undergone incarceration for a period of over nine years out of the total sentence of life imprisonment awarded to him. The petitioner has been enlarged on parole earlier by this court on numerous occasions and is not stated to have misused the liberty granted to him. The overall jail conduct of the petitioner has been satisfactory since the inception of his incarceration. In view of the foregoing, I see no impediment in allowing the present

petition. 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.5,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent subject to the following conditions:- (1) The petitioner shall report to SHO, Police Station- Seelampur once week on every Wednesday during the period of parole. (2) He shall furnish his mobile telephone, which he undertakes to keep operational, to the concerned SHO.

(3) He shall not leave the National Capital Territory of Delhi without prior permission of the court.

(4) Lastly, the petitioner shall surrender before the jail authorities at the expiry of the period of parole.

With the above directions the writ petition is allowed and disposed of accordingly.

A copy of this order be sent to the Jail Superintendent to be communicated to the petitioner.

SIDDHARTH MRIDUL, J JANUARY 08, 2016 ` mk