W.P.(CRL)/986/2017 of RAVI@ ASHU Vs THE STATE GOVT OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 986/2017

RAVI@ ASHU..... Petitioner

Through:Mr. Tarunesh Kumar with Ms.Rishina Parashar, Advs.

versus

THE STATE GOVT OF NCT OF DELHI

..... Respondent

Through:Richa Kapoor, ASCSI Pankaj Saroha, P.S. Nangloi

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R

16.05.2017

The representation of the petitioner for being released on parole for aspecified period for finding suitable life partner for himself, for affordingtreatment to his ailing mother and for re-establishing social ties, was rejectedby the competent authority on 21.07.2016.Adverse police report andunsatisfactory jail conduct have been cited as reasons for rejecting the prayerof the petitioner.

Learned counsel for the petitioner has drawn the attention of this courtto the nominal roll which reveals that the petitioner has been convictedunder Section 302 IPC and has been sentenced to undergo RI for life and topay fine of Rs.5,000/- and in default of payment of fine to further suffer SIfor 6 years.

The petitioner has already remained in jail for about more than 10 ½years. On earlier occasions, the petitioner was granted furlough and parole

and on all such occasions, the petitioner had surrendered before the jailauthorities on time.

The conduct of the petitioner, it has been submitted, has beensatisfactory but for one punishment on 27.05.2015 for jail offence. Thenominal roll does not state as to what was the offence for which thepetitioner was convicted. Be that as it may, it has been submitted that morethan two years have passed after he was last punished.

The address of the petitioner has been verified. The mother of thepetitioner is ill and requires medical attentions, though no specific ailmenthas been found out by the verifying authority.

However taking into account the aforesaid facts, this court ispersuaded to release the petitioner on parole for specified period for theaforesaid purposes.

Let the petitioner be released on parole for period of four weeks, tobe counted from the date of his release, on his furnishing bond in the sumof Rs.10,000/- with one surety of the like amount to the satisfaction of theSuperintendent of the concerned jail.

The petitioner shall abide by the conditions listed below:-

a) The petitioner shall surrender before the jail authorities on orbefore the expiry of the said period of parole.before the expiry of the said period of parole.

b) The petitioner shall not engage himself in any unlawful activity.

c) The petitioner would not leave, under any circumstance, theNational Capital Region of Delhi, without seeking permission ofthe officer-in-charge of the concerned police station.National Capital Region of Delhi, without seeking permission ofthe officer-in-charge of the concerned police station.

d) He shall furnish his and his surety’s mobile telephone numbers tothe SHO of the concerned police station so that in case of necessitythe 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 applicationcould be moved by the SHO for cancellation of his parole and for taking ofcoercive steps for securing his attendance.

With these observations, the petition is disposed of.

The order be communicated to the Superintendent of the concernedjail for compliance and record.

MAY 16, 2017/ns

ASHUTOSH KUMAR, J