Gulab Rai v. State of (NCT) Delhi

1. The present petition has been filed by the petitioner, through jail, under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for being released on parole to enable him to attend the ring ceremony of his daughter scheduled for 29.9.2013 and to arrange funds for the function.

2. Notice. Counsel for the State accepts notice and states that the 10 has verified the averments made in the present writ petition and it has been confirmed that the ring ceremony of the petitioner's daughter is scheduled for 29.9.2013. She states that the address of the petitioner as also the statements of his family members have been recorded. W.P.(CRL) 1593/2013 1of 3 2013:DHC:7537

3. A perusal of the nominal roll of the petitioner reveals that against the quantum of sentence of rigorous imprisonment for a period of three years, modified to two and a half years, with fine of ?2,000/-, in default of payment, simple imprisonment for two months, in case FIR No.365/1999 registered under Section 307 IPG, modified to Section 324 IPG, at PS Prasad Nagar, as on 16.9.2013, the petitioner has undergone a sentence for a period of one year, ten months and twenty four days and earned remission for a period of four months and twenty six days, thus leaving an unexpired portion of sentence of two months and ten days. The nominal roll indicates that the jail conduct of the petitioner has been satisfactory and there is no other case pending against him.

4. In view of the above, it is deemed appropriate to release the petitioner on parole for a period of four weeks, on the following terms and conditions:

(i) The petitioner shall furnish a personal bond in the sum of ?20,000/- with one local surety of the like amount to the satisfaction of the Jail Superintendent. W.P.(GRL) 1593/2013 PaS® 2 of 3

(ii) The petitioner shall mark his presence before the SHO of PS

(iii) The petitioner shall furnish a telephone number to the Jail

Superintendent on which he can be contacted, if required. After his release, he shall also inform his telephone number to the SHO of the police station concerned.

(iv) The petitioner shall keep away from the area around the residence of the victim and his/her family members.

(v) Immediately upon the expiry of period of parole, the petitioner shall surrender himself before the Jail Superintendent.

(vi) The period of parole shall be counted from the day after the date when the petitioner is released from jail.

5. The petition is disposed of. A copy of the order be forwarded directly to the Jail Superintendent, for information. Dasti to the parties, under the signatures of the Court Master. HIMA KOHLI, 3 SEPTEMBER 27, 2013