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* IN TIIE IIIGH COURT OF DELIII AT NEW DELTII
+ w.P.(cRL) s27l20rr
I
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* IN TIIE IIIGH COURT OF DELIII AT NEW DELTII
+ w.P.(cRL) s27l20rr
I
IGI AirPort'
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA o/o 29'07 '20t1
BythispetitionthePetitionerseeksparoleonthegroundthathehas to repair his dilapidated house and re-establish ties with his family' on a noticebeingissuedastatusreporthasbeenfiledthatthePetitionerisa permanentresidentofBihar.HisfatherisworkingasalabourerinDelhi andhisbrotherisworkinginBangalore.Hehastwomarriedsisterswhoare residing in their matrimonial homes. The petitioner is having a pucca house bearing4roomsinhisvillagethatneedsnorepairing.Themother,wifeand thedaughterofthePetitionerareresidinginthesamehouse,andthatthe wife of the Petitioner is having 5 bighas of agricultural land inherited from her parents which she has given on rent' w.P.(cRL) s27/2011
ASHISH KUMAR KAPRI
Through
BythispetitionthePetitionerseeksparoleonthegroundthathehas to repair his dilapidated house and re-establish ties with his family' on a noticebeingissuedastatusreporthasbeenfiledthatthePetitionerisa permanentresidentofBihar.HisfatherisworkingasalabourerinDelhi andhisbrotherisworkinginBangalore.Hehastwomarriedsisterswhoare residing in their matrimonial homes. The petitioner is having a pucca house bearing4roomsinhisvillagethatneedsnorepairing.Themother,wifeand thedaughterofthePetitionerareresidinginthesamehouse,andthatthe wife of the Petitioner is having 5 bighas of agricultural land inherited from her parents which she has given on rent' w.P.(cRL) s27/2011
ASHISH KUMAR KAPRI
Through
VERSUS
STATE OF NCT OF DELHI
Through ..... Petitioner
Ms. Rakhi DubeY for Ms' Anita
Abraham, Adv' ..... ResPondent
I\4r. Saleem Ahmad' ASC for State with i{r. Satendra Mohan' SI' P'S' o page 1 of2
2011:DHC:18848
\
\j
Though the parole was rejected by the competent authority on the ground that nobody has control over the Petitioner and if released on parole the petitioner might jump the same, however this fact is not fortified by the nominal roll as the competent authority itself had granted parole to the petitioner with effect from 18th March, 2010 for 15 days when the Petitioner surrendered in time. There is no allegation that he misused the concession of parole granted to him last Year.
In view of the facts and circumstances of the case, I deem it fit to 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 two sureties of the like amount subject to the satisfaction of the learned Trial Court/CMM.
Petition is disPosed of.
Copy of this order be communicated to the Petitioner through
Superintendent Tihar Jail.
[14^"XtA-M-
, MUKTA GUPTA,J
JULY 29,2011
'ga'
Through ..... Petitioner
Ms. Rakhi DubeY for Ms' Anita
Abraham, Adv' ..... ResPondent
I\4r. Saleem Ahmad' ASC for State with i{r. Satendra Mohan' SI' P'S' o page 1 of2
2011:DHC:18848
\
\j
Though the parole was rejected by the competent authority on the ground that nobody has control over the Petitioner and if released on parole the petitioner might jump the same, however this fact is not fortified by the nominal roll as the competent authority itself had granted parole to the petitioner with effect from 18th March, 2010 for 15 days when the Petitioner surrendered in time. There is no allegation that he misused the concession of parole granted to him last Year.
In view of the facts and circumstances of the case, I deem it fit to 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 two sureties of the like amount subject to the satisfaction of the learned Trial Court/CMM.
Petition is disPosed of.
Copy of this order be communicated to the Petitioner through
Superintendent Tihar Jail.
[14^"XtA-M-
, MUKTA GUPTA,J
JULY 29,2011
'ga'
W.P.(CRL) s27/2011
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IN THE HIGH COURT w.P.(cRL) s27l20II
ASHISH KUMAR KAPRI
Through
OF DELHI AT NEW DELHI
Mr. S.K. sethi, ;;;:"t'ioner o
*
+
IN THE HIGH COURT w.P.(cRL) s27l20II
ASHISH KUMAR KAPRI
Through
OF DELHI AT NEW DELHI
Mr. S.K. sethi, ;;;:"t'ioner o
VERSUS
STATE OF NCT OF DELHI ""' Respondent
Through Mr. Saleem Ahmed, ASC for State.
Through Mr. Saleem Ahmed, ASC for State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
19.10.20L1
CrI.M.A. t232212011
By this application the Petitioner seeks reduction in the surety amount on the ground that since he belongs to poor strata of society, he is not able to furnish two sureties of Rs. 25,000/-. While granting bail the facts were verified and it was stated in the status report that the wife of the Petitioner owns 5 bighas of agricultural land inherited from her parents which she has given on rent.
.Since the Petitioner has not been able to furnish the surety bond and has roots in the society, in the interest of justice the order dated 29'h JuIy, 20lI is modified to the extent that the Petitioner be now released on parole a w.P.(cRL) s27/2011 page I of 2 o
T for a period of four weeks on his furnishing a personal bond in the sum of
Rs. 5,000/- with one surety of the like amount subject to the satisfaction of the Learned Trial Court/ CMM.
Application is disPosed of.
Copy of this order be communicated to the Petitioner through
Superintendent Tihar Jail.
W#r@-
I/ MUKIA GUPTA,J ocToBER L9, 20ll
'gu' w.P.(cRL) s27/2011 page 2 of2
19.10.20L1
CrI.M.A. t232212011
By this application the Petitioner seeks reduction in the surety amount on the ground that since he belongs to poor strata of society, he is not able to furnish two sureties of Rs. 25,000/-. While granting bail the facts were verified and it was stated in the status report that the wife of the Petitioner owns 5 bighas of agricultural land inherited from her parents which she has given on rent.
.Since the Petitioner has not been able to furnish the surety bond and has roots in the society, in the interest of justice the order dated 29'h JuIy, 20lI is modified to the extent that the Petitioner be now released on parole a w.P.(cRL) s27/2011 page I of 2 o
T for a period of four weeks on his furnishing a personal bond in the sum of
Rs. 5,000/- with one surety of the like amount subject to the satisfaction of the Learned Trial Court/ CMM.
Application is disPosed of.
Copy of this order be communicated to the Petitioner through
Superintendent Tihar Jail.
W#r@-
I/ MUKIA GUPTA,J ocToBER L9, 20ll
'gu' w.P.(cRL) s27/2011 page 2 of2
JUDGMENT