Sityam v. State

Delhi High Court · 17 Aug 2011 · 2011:DHC:18847
Mukta Gupta
W.P.(CRL) 503/2011
2011:DHC:18847
criminal petition_allowed

AI Summary

The Delhi High Court granted parole to a prisoner on humanitarian grounds, emphasizing prior compliance and imposing bond and surety conditions.

Full Text
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*INTHEIIIGHcoTIRToFDELHIATNEwDELHI w.P.(cRL) s03t20tr
SITYAM
Through
VETSUS
STATE
Through ..... Petitioner
Mr. Galib Kabir, Adv. ..... Respondent
Mr. Pawan Sharma, SC for State with
Ms. Laxmi Chauhan, Adv. with Mr. Prashant Kumar, SI, P.S. Karol Bagh.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
17.08.2011
By this petition the Petitioner seeks parole on the ground that he has an ailing bed-ridden mother, a brother aged 45 years who is mentally ill and a younger brother who is still unmarried. He wants to re-establish ties with the family and to help them to cope with the mental hardship.
On a notice being issued a status report has been filed which states that the application for grant of parole for three weeks has been rejected by the Government, on the ground that there is possibility that the Petitioner can misuse the parole and may jump the same. However, the communication dated 21't January,20!1 does not spell it out. It states that the parole application was rejected as pre-mature by the competent authority' o w.P.(cRL) sos/2011 page 1 of2
2011:DHC:18847 uI
Be that as it May, the Petitioner was last granted parole with effect from 23'd February,20!0 for a period of one month. There is no allegation that the Petitioner misused the concession of parole granted to him. He surrendered in time.
In view of the fact that it is more than one year that the Petitioner was granted parole, I deem it to be a fit case for grant parole to the Petitioner. It is therefore directed that the Petitioner be released on parole for a period of four weeks on his fumishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the learned Trial
Court/ CMVT Duty Magistrate.
Petition is disposed of.
Copy of the order be communicated to the Petitionqr through
Superintendent Tihar Jail.
/M'ft"fL
'MUKTA GUPTA,J
AUGUST t7,20tl
'ga' w.P.(cRL) s0s/2011
2011:DHC:18847
JUDGMENT