W.P.(CRL)/1255/2017 of SHAILENDER Vs THE STATE (NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 1255/2017

SHAILENDER

..... Petitioner

ThroughMs. Dolly Sharma, Adv. for Mr. S.K.Sethi, Adv.

versus

THE STATE (NCT OF DELHI)

..... Respondent

ThroughMs. Kamna Vohra, ASC.SI Ashish Kumar PS Bhajan Pura.

CORAM:HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%19.05.2017

The petitioner had represented before the competent authority forbeing released on parole for the purposes of finding suitable match for hisson, treatment of his father, re-establishing social ties and for combatinginner stress, which was turned down by order dated 17.11.2016.

The address and the grounds taken by the petitioner were not verifiedand this was cited as reason for rejecting such request.

Learned counsel for the petitioner has drawn the attention of thisCourt to the nominal roll which indicates that the petitioner has remained injail for about 9 years by now. He had been convicted under section 302 ofthe IPC and was sentenced to undergo RI for life and to pay fine ofRs.10,000/- and in default of payment of fine, to suffer SI for six months.

The conduct of the petitioner in jail has been absolutely satisfactory.

It has also been pointed out that on earlier occasions, the petitionerwas granted furlough by the competent authority and was also allowed tocome out on parole by the order of the High Court. On no occasion, did thepetitioner involved himself in any unlawful activity or delayed insurrendering before the jail authorities.

The address and the grounds taken by the petitioner for seeking parolehave been verified and have been found to be true.

Taking the aforesaid facts into account, this court is inclined torelease the petitioner on parole for period of four weeks.

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:-

e) 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.

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

g) 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.

h) He shall furnish his and his surety’s mobile telephone numbers tothe SHO of the concerned police station so that in case of necessityhe could be tracked and his whereabouts could be ascertained.the SHO of the concerned police station so that in case of necessityhe 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 of

coercive steps for securing his attendance.

With these observations, the petition is disposed of.

The order be communicated to the Superintendent of the concerned

jail for compliance and record.

MAY 19, 2017ab

ASHUTOSH KUMAR, J