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$-3 HIGH COURT OF DELHI
W.P.(CRL) 1424/2010
RAM AVTAR Petitioner
Through Mr. S.K. Sethi, Adv.
W.P.(CRL) 1424/2010
RAM AVTAR Petitioner
Through Mr. S.K. Sethi, Adv.
VERSUS
STATEOF NCT OF DELHI Respondent
Through Mr. Pawan Sharma, Standing counsel with Ms. Laxmi Chaudhaiy, Adv. with Mr. Somil Shanna, SI, PS Gokul
Puri.
Through Mr. Pawan Sharma, Standing counsel with Ms. Laxmi Chaudhaiy, Adv. with Mr. Somil Shanna, SI, PS Gokul
Puri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
26.05.2011 By this petition the Petitioner seeks parole for filing SLP and to re establish ties with his family. A status report was filed on the last date wherein it was stated that the Petitioner was granted interim bail with effect from 1988 and was re-arrested in 2009 after non-bailable warrants were issued. Since the status report was contrary to the nominal roll, further nominal roll and verification was asked for.
Now a status report has been filed along with the report of
Superintendent Tihar Jail stating that the Petitioner was never released on
26.05.2011 By this petition the Petitioner seeks parole for filing SLP and to re establish ties with his family. A status report was filed on the last date wherein it was stated that the Petitioner was granted interim bail with effect from 1988 and was re-arrested in 2009 after non-bailable warrants were issued. Since the status report was contrary to the nominal roll, further nominal roll and verification was asked for.
Now a status report has been filed along with the report of
Superintendent Tihar Jail stating that the Petitioner was never released on
W.P.(CRL) 1424/2010
2011:DHC:17896 interim bail but was released on 30"" September, 1998 on regular bail pursuant to the order dated 20^' May, 1997 passed by this Court in Criminal
Appeal No. 165/97. Since the Petitioner did not appear at the time of hearing of appeal, non-bailable warrants were issued against him. Further status report has been filed stating that the Petitioner's wife along with her two daughters reside at a Jhuggi in Wazirpur, Ashok Vihar and her eldest daughter is mamed and is residing in Faridabad.
Learned counsel for the Petitioner states that he has taken instructions from the Petitioner on video conferencing that no SLP has been filed by him in the Hon'ble Supreme Court. The Petitioner is in custody since 8^^
November, 2009. In view of the facts and circumstances of the case.
Petitioner is directed to be released on parole 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/
Duty Magistrate.
Petition is disposed of
Order be communicated to the Petitioner through Superintendent
Tihar Jail.
MUKTA GUPTA,J MAY 26, 2011/'ga'
2011:DHC:17896 interim bail but was released on 30"" September, 1998 on regular bail pursuant to the order dated 20^' May, 1997 passed by this Court in Criminal
Appeal No. 165/97. Since the Petitioner did not appear at the time of hearing of appeal, non-bailable warrants were issued against him. Further status report has been filed stating that the Petitioner's wife along with her two daughters reside at a Jhuggi in Wazirpur, Ashok Vihar and her eldest daughter is mamed and is residing in Faridabad.
Learned counsel for the Petitioner states that he has taken instructions from the Petitioner on video conferencing that no SLP has been filed by him in the Hon'ble Supreme Court. The Petitioner is in custody since 8^^
November, 2009. In view of the facts and circumstances of the case.
Petitioner is directed to be released on parole 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/
Duty Magistrate.
Petition is disposed of
Order be communicated to the Petitioner through Superintendent
Tihar Jail.
MUKTA GUPTA,J MAY 26, 2011/'ga'
W.P.(CRL) 1424/2010 page 2 of2
S
II fl" 28# HIGH COURT OF DELHI -I- W.P.(CRL) 1424/2010
RAM AVTAR Petitioner
Through: Mr. S.K. Sethi, Advocate.
Petitioner in custody.
S
II fl" 28# HIGH COURT OF DELHI -I- W.P.(CRL) 1424/2010
RAM AVTAR Petitioner
Through: Mr. S.K. Sethi, Advocate.
Petitioner in custody.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Ms. Laxmi Chauhan, Advocate for Mr. Pawan Sharma, Standing Counsel with
SI Somil Sharma, PS Gokalpuri, Delhi.
Through: Ms. Laxmi Chauhan, Advocate for Mr. Pawan Sharma, Standing Counsel with
SI Somil Sharma, PS Gokalpuri, Delhi.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
24.10.2011 CrI.
M.A. No. 8171/2011 (modification of order dated 26^'' May, 2011)
By this application the Petitioner seeks reduction in the personal bond and the surety amount as directed vide order dated 26''^ May, 2011.
On a notice being issued a status report has been field which shows that the
Petitioner's family comprises of his wife and three daughters. The Petitioner was a rickshaw puller and was living in a house as a tenant where his wife continues to live. The wife of the Petitioner works as a maid to earn her and her daughter's livelihood.
In view of the facts stated in the status report, in the interest of justice, order dated 26"' May, 2011 is modified. It is therefore, directed that the Petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount subject to the satisfaction ofthe learned Trial Court/CMM/Duty Magistrate.
Application disposed of Copy of the order be communicated to the Petitioner through
Superintendent, Tihar Jail.
"MUKTA GUPTA, J.
OCTOBER 24, 2011/'vn' II
24.10.2011 CrI.
M.A. No. 8171/2011 (modification of order dated 26^'' May, 2011)
By this application the Petitioner seeks reduction in the personal bond and the surety amount as directed vide order dated 26''^ May, 2011.
On a notice being issued a status report has been field which shows that the
Petitioner's family comprises of his wife and three daughters. The Petitioner was a rickshaw puller and was living in a house as a tenant where his wife continues to live. The wife of the Petitioner works as a maid to earn her and her daughter's livelihood.
In view of the facts stated in the status report, in the interest of justice, order dated 26"' May, 2011 is modified. It is therefore, directed that the Petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount subject to the satisfaction ofthe learned Trial Court/CMM/Duty Magistrate.
Application disposed of Copy of the order be communicated to the Petitioner through
Superintendent, Tihar Jail.
"MUKTA GUPTA, J.
OCTOBER 24, 2011/'vn' II
JUDGMENT