W.P.(CRL)/2758/2015 of SANTOSH KUMAR SINGH Vs STATE (GOVT OF NCT) DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 2758/2015

SANTOSH KUMAR SINGH..... PetitionerThroughMr.Avinash Sharma & Mr.AmodSingh, Advs.

versus

STATE (GOVT OF NCT) DELHI & ANR

..... RespondentsThroughMr.Rahul Mehra, Standing counselwith Mr.Jamal Akhtar & Mr.AmritSingh, Advs.Insp.Santan Singh PS Vasant Kunj.Mr. Sanjeev Bhandari, ASC for CBI.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%22.12.2015

The petitioner had sought release on parole for the purposes of

attending to his wife who is shortly to deliver and also take part in Barsiceremony of his late brother.

The aforesaid prayer of the petitioner was rejected by the competentauthority on 16.11.2015.

The grounds for rejection are that six months had not elapsed from thelast parole and that the petitioner has been convicted for murder and rape.

Adverse police report regarding unfavourable impact on the familymembers of the deceased and negative impact on law and order and securityin the area, also appear to have weighed with the competent authority inrejecting his prayer.

Mr.Rahul Mehra, Standing Counsel, submits that the petitioner hasbeen given the concession of parole and furlough number of times, as andwhen it was required. The last furlough was availed by the petitioner from03.09.2015 to 18.09.2015. The last parole was granted to the petitioner byHigh Court from 22.05.2015 to 10.06.2015 which was extended up to19.06.2015.

Mr.Mehra, however, submits that the fact of the wife of the petitionerbeing on family way has been verified and has been found to be correct.The expected date of delivery is stated to be 26.12.2015. The wife of thepetitioner is residing with her parents in Village falling in the District ofRohtas, in the State of Bihar.

Learned counsel for the petitioner submits that the petitioner hasremained in custody for more than 13 years by now and on earlier occasionswhen he was released on parole or furlough, nothing adverse was reportedagainst him.

His overall conduct in jail has been satisfactory throughout.

Considering the fact that the petitioner has remained in jail for about13 years by now; has not violated any one of the conditions of the parole orfurlough when such concessions were granted to him earlier and that hiswife is shortly to deliver, this Court is inclined to release the petitioner onparole.

The petitioner shall be released on parole for period of 30 days fromthe date of his release on his furnishing bond in the sum of Rs.25,000/-with two sureties 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) The petitioner, during the period that he remains in his home town,shall inform the officer incharge of the concerned police station inwhose jurisdiction his village is situated about his stay in thevillage.shall inform the officer incharge of the concerned police station inwhose jurisdiction his village is situated about his stay in thevillage.

d) He shall also get his presence marked in the police station on everythird day.third day.

e) He shall furnish his mobile telephone number and the mobiletelephone number of both the sureties to the SHO of the concernedpolice station so that in case of necessity he could be tracked andhis whereabouts could be ascertained.telephone number of both the sureties to the SHO of the concernedpolice station so that in case of necessity he could be tracked andhis whereabouts could be ascertained.

In case, the petitioner flouts any one of the conditions, an applicationcould be moved by the SHO for cancellation of his parole and for taking ofthe coercive steps for securing his attendance.

With these observations, the petition is disposed of.

copy of this order be given dasti under the signatures of the CourtMaster.

DECEMBER 22, 2015ab

ASHUTOSH KUMAR, J