Babloo v. State

Delhi High Court · 16 Aug 2011 · 2011:DHC:18839
Mukta Gupta
w.P.(cRL) 415/2011
2011:DHC:18839
criminal other

AI Summary

The Delhi High Court ordered forfeiture of surety bond and issuance of non-bailable warrants against a parolee who failed to surrender as per parole conditions.

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{. IN TIIE HIGI{ COURT OF DELHI AT NEW DELHI
+ w.P.(cRL) 4rslz}rr
BABLOO
Through: SuretY in Person.
VERSUS
STATE..... Petitioner oh ..... Respondent
Through: I4r. Dayan Krishanan, Additional
Standing Counsel with InsPector
SatYabir Singh, PS GTB Enclave'
CORAM:
IION'BLE MS. JUSTICE MT]KTA GUPTA
16.08.2011
This petition was disposed of 26th April, 2011 granting parole to the petitioner for a period of four weeks on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount subject to satisfaction of the Trial courtAvletropolitan Magistrate/Duty Magistrate. on 5ft July, 20ll this matter was listed on office note in view of the letter received from the Superintendent, central Jail informing that the Petitioner has not surrendered on 4ft June, Z}IL Non-bailable warrants against the Petitioner and notice to the surety were issued to be executed through the SHO concerned returnable for todaY.
Non-bailable warrants w.P.(ckL) 41s/2011 issued against the Petitioner could not be
2011:DHC:18839
,t'u executed as the Petitioner is not available.
Notice to the surety has been served pursuant to which the surety of
, the petitioner Smt. Santosh, who is the mother of the Petitioner is present in
Court. She states that the Petitioner was residing with her till 2nd June, 20tl and he stated that he would surrender before the Jail on the concerned date and she did not know that he had not surrendered. She states that she has no control over the Petitioner.
In view of this fact the surety bond is forfeited. Learned Trial Court will attach the properly of the surety in this regard'
Since the Petitioner is not appearing, the learned Trial Court is directed to issue non-bailable warrants against the Petitioner and take steps to ensure that he is available for undergoing the remaining sentence'
In case the non-bailable warrants are not executed against the
Petitioner action in accordance with law will be taken.
No fuither orders are required to be passed'
Copy of the order be communicated to the learned Trial Court and the
Superintendent, Tihar Jail.
@
' MUKTA cuPrA, J.
AUGUST t6,2oll tvnt w.P.(ckl) 415/2011
2011:DHC:18839
JUDGMENT