Nooralam v. State of NCT of Delhi

Delhi High Court · 02 Dec 2011 · 2011:DHC:18818
Mukta Gupta
W.P.(CRL) 1631/2010
2011:DHC:18818
criminal petition_allowed

AI Summary

The Delhi High Court granted parole to a prisoner to enable legal representation and arranging finances, emphasizing that lack of permanent residence of family is not a bar to parole.

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HIGH COURT OF DELHI
W.P.(CRL) 1631/2010
NOORALAM Petitioner
Through Ms. NilofarAurashi, Advocate.
Appellant in custody.
VERSUS
STATE OF NCT OF DELHI Respondent
Through Mr. Saleem Ahmed, ASC for State with SI Anil, PS Jahangir Puri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/o 29.07.2011 The Petitioner has been produced in custody. By this petition, the
Petitioner seeks parole for a period of four weeks on the ground that he wants to engage a counsel to file a Special Leave Petition in the hon'ble
Supreme Court, to arrange finances for the same and to re-establish social ties.
On a notice being issued, a status report has been filed by the State stating that the wife of the Petitioner is living in a rented Jhuggi No. 122, Basant Dada, Patil Nagar, Bhalswa Dairy along with her children for the past three months. The parole is primarily opposed on the ground that the
Petitioner's wife is living in a rented juggi and thus there is no permanent
2011:DHC:18818 address of the Petitioner.
Be that as it may. There is no involvement of the Petitioner in any other case. The Petitioner is in continuous incarceration since the date of incident i.e. 31®^ March, 2008. Thus, it would be in the interest ofjustice to grant parole to the Petitioner. It is, therefore, directed thatthe Petitioner be released on parole for a period of four weeks on his fiimishing a personal bond in the sum ofRs. 25,000/- with one surety ofthe like amount subject to the satisfaction ofthe learned Trial Court/CMM.
Petition is disposed of Order Dasti.
Copy of this order be communicated to the Petitioner through the
Superintendent, Tihar Jail.
JULY 29, 2011 'dk' ir MUKTA GUPTA,J
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37# $~ ' ^ HIGH COURT OF DELHI
W.P.(CRL) 1631/2010
NOORALAM Petitioner
Through: Ms. Saahila Lamba, Advocate.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr. Saleem Ahmed, Additional Standing Counsel with SI Anil
Kumar, PS Jahangir Puri, Delhi.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
02.12.2011 Crl.
M.A. No. 11510/2011 (release on parole for remaining period)
The Petitioner was granted parole by this Court vide order dated 29^"^
July, 2011 for a period of four weeks on his furnishing 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/CMM.
The Petitioner filed an application stating that while granting the surety bond the learned Trial Court cut short the period of parole and directed him to surrender on 30"' August, 2011, that is, prior to four weeks.
A report from the learned Additional Sessions Judge has been received.
W.R(CRL) 1631/2010 Page 1 of2 f-
In view of the report the Petitioner is now at liberty to furnish a fresh personal bond and the surety bond as directed vide order dated 29^'^ July, 2011 and he would be released for the balanceperiod of 12 days on parole.
Application is disposed of Copy of the order be communicated to the Petitioner through
Superintendent, Tihar Jail.
'vn' MUKTA GUPTA, J.
DECEMBER 02, 2011
W.P.(CRL) 1631/2010 Page 2 of2
JUDGMENT