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$-24 HIGH COURT OF DELHI
Date of Decision: 27.09.2017
Date of Decision: 27.09.2017
W.P.(CRL) 2830/2017
SUBHASH DOGRA Petitioner
Through: Mr.Shakti Chand Jaidwal, Adv.
SUBHASH DOGRA Petitioner
Through: Mr.Shakti Chand Jaidwal, Adv.
VERSUS
p STATE OF NCT OF DELHI Respondent
Through: Mr.Sanjay Lao, ASC for State with Mr.Siddarth Sindhu, Advocate with SI
Sachin Yadav, PS Vikas Pun, Delhi.
Through: Mr.Sanjay Lao, ASC for State with Mr.Siddarth Sindhu, Advocate with SI
Sachin Yadav, PS Vikas Pun, Delhi.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J. (Oral)
The petitioner has invoked the writ jurisdiction of this Court under Article 226 and 14 & 21 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 for grant of parole for 10 days in order to enable him to make arrangement and perform the rituals and customs of the marriage of his daughter namely Shiwani, which is fixed on 1st October, 2017 at
Villiage Baskehar, P.O. Daroh, Tehsil Palampur, District
Kangra (1-IP) and to re-establish social ties with family and society.
Notice. Learned ASC for the State, who appears on an advance copy having been served, accepts notice.
WP (Cr1.) 2830/2017 2017:DHC:8300 Status report has been handed over in the Court, which is taken on record.
It is submitted by the Additional Standing Counsel that factum of marriage of the daughter of the petitioner has been verified and found to be correct. Invitation Card of the wedding is on the record.
The petitioner was convicted by the court of learned MM in two complaint cases under section 138 of the Negotiable
Instruments Act, 1881 bearing CC No.4249/2016 and CC
No. 10347/20 16. He was sentenced by the learned MM in both cases on
30th June, 2016. The petitioner assailed the findings of the learned MM in appeals bearing Crl.Appeal No.04/20 17 and
Crl.Appeal No.05/20 17 which were dismissed by the learned
ASJ, Special Judge (NDPS), Dwarka Courts, New Delhi, on
19th September, 2017.
Learned counsel for the petitioner submits that the sister of the petitioner and her husband, who are resident of Uttam Nagar, Delhi shall stand as sureties.
Hence, in the circumstances of the case, the petitioner be released on Parole for a period of ten days from the date of his release on the following terms and conditions: -
(i) the petitioner shall furnish his personal bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Jail
Superintendent.
WP (Cr1.) 2830/2017 the petitioner shall maintain good conduct and behaviour during the period of his release. the petitioner shall provide mobile numbers of the sureties which shall be kept in active mode and shall not be changed without the permission of the Court.
He shall surrender to Jail Superintendent ' immediately after expiry of parole period.
The petition is disposed of accordingly.
Copy of this order be sent to the Jail Superintendent.
Copy of this order be given dasti under the signatures of the
C
;~~ VINOD GOEL, J.
SEPTEMBER 279 2017/jitender WP (Cr1.) 2830/2(
The petitioner has invoked the writ jurisdiction of this Court under Article 226 and 14 & 21 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 for grant of parole for 10 days in order to enable him to make arrangement and perform the rituals and customs of the marriage of his daughter namely Shiwani, which is fixed on 1st October, 2017 at
Villiage Baskehar, P.O. Daroh, Tehsil Palampur, District
Kangra (1-IP) and to re-establish social ties with family and society.
Notice. Learned ASC for the State, who appears on an advance copy having been served, accepts notice.
WP (Cr1.) 2830/2017 2017:DHC:8300 Status report has been handed over in the Court, which is taken on record.
It is submitted by the Additional Standing Counsel that factum of marriage of the daughter of the petitioner has been verified and found to be correct. Invitation Card of the wedding is on the record.
The petitioner was convicted by the court of learned MM in two complaint cases under section 138 of the Negotiable
Instruments Act, 1881 bearing CC No.4249/2016 and CC
No. 10347/20 16. He was sentenced by the learned MM in both cases on
30th June, 2016. The petitioner assailed the findings of the learned MM in appeals bearing Crl.Appeal No.04/20 17 and
Crl.Appeal No.05/20 17 which were dismissed by the learned
ASJ, Special Judge (NDPS), Dwarka Courts, New Delhi, on
19th September, 2017.
Learned counsel for the petitioner submits that the sister of the petitioner and her husband, who are resident of Uttam Nagar, Delhi shall stand as sureties.
Hence, in the circumstances of the case, the petitioner be released on Parole for a period of ten days from the date of his release on the following terms and conditions: -
(i) the petitioner shall furnish his personal bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Jail
Superintendent.
WP (Cr1.) 2830/2017 the petitioner shall maintain good conduct and behaviour during the period of his release. the petitioner shall provide mobile numbers of the sureties which shall be kept in active mode and shall not be changed without the permission of the Court.
He shall surrender to Jail Superintendent ' immediately after expiry of parole period.
The petition is disposed of accordingly.
Copy of this order be sent to the Jail Superintendent.
Copy of this order be given dasti under the signatures of the
C
;~~ VINOD GOEL, J.
SEPTEMBER 279 2017/jitender WP (Cr1.) 2830/2(
JUDGMENT