Full Text
Translation output
V
$-27.
HIGH COURT OF DELHI
W.P.(CRL)3293/2016
AVINASH Petitioner
Through: Ms.Manika Tripathy,Advoeate.
STATE
$-27.
HIGH COURT OF DELHI
W.P.(CRL)3293/2016
AVINASH Petitioner
Through: Ms.Manika Tripathy,Advoeate.
STATE
VERSUS
Through:
Respondent Mr. Jamal Akhtar, Advoeate for Mr.Rahul Mehra, Standing Counsel along with SI Dharmendra Pratap
Singh, PS-Samaipur Badli, for the State.
Respondent Mr. Jamal Akhtar, Advoeate for Mr.Rahul Mehra, Standing Counsel along with SI Dharmendra Pratap
Singh, PS-Samaipur Badli, for the State.
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
15.12.2016 Mr. Akhtar has tendered in Court the status report. As per the status report,the address provided by the petitioner has been got verified.
The petitioner has preferred this petition to seek a direction that he be released on parole for a period ofthree months to be able to prefer Special
Leave Petition before the Supreme Court.
The nominal roll shows that the petitioner stands convicted in ease
FIR No.357/2009 under Sections 392/ 394/ 397/ 34 IPC registered at PS —
S.P. Badli. The petitioner is undergoing sentence ofSimple Imprisonment for 7 years with fine in respect ofthe said offence. As on 27.10.2016,the petitioner had undergone 2 years and 12 days ofincarceration, including 1
2016:DHC:9159 year, 10 months and 13 days ofpost-conviction incarceration. The overall jail conduct of the petitioner is stated to be unsatisfactory on account of punishmentimposed on 25.06.2015.
Since more than a year has lapsed thereafter, in my view, the said punishment cannot come in the way ofthe petitioner being granted parole to be able to prefer a Special Leave Petition. It is, accordingly, directed that the petitioner be released on parole for a period offour weeks to enable him to file Special Leave Petition,subjectto: i) his furnishing personal bond with one surety in the sum of
^ Rs.10,000/-to the satisfaction ofthe Jail Superintendent; f ii) he shall provide his mobile phone number to the Jail Superintendent at the time ofhis release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent; iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m.during the period ofparole; iv) he shall duly surrender atthe end ofthe period ofparole; v) he shall also notindulge in any criminal activity while on parole,and vi) He shall file proof offiling Special Leave Petition at the time of his
V fr- 7 \ surrender.
Dasti.
VIPIN SANGHI,J DECEMBER 15,2016 B.S. Rohella 2016:DHC:9159
15.12.2016 Mr. Akhtar has tendered in Court the status report. As per the status report,the address provided by the petitioner has been got verified.
The petitioner has preferred this petition to seek a direction that he be released on parole for a period ofthree months to be able to prefer Special
Leave Petition before the Supreme Court.
The nominal roll shows that the petitioner stands convicted in ease
FIR No.357/2009 under Sections 392/ 394/ 397/ 34 IPC registered at PS —
S.P. Badli. The petitioner is undergoing sentence ofSimple Imprisonment for 7 years with fine in respect ofthe said offence. As on 27.10.2016,the petitioner had undergone 2 years and 12 days ofincarceration, including 1
2016:DHC:9159 year, 10 months and 13 days ofpost-conviction incarceration. The overall jail conduct of the petitioner is stated to be unsatisfactory on account of punishmentimposed on 25.06.2015.
Since more than a year has lapsed thereafter, in my view, the said punishment cannot come in the way ofthe petitioner being granted parole to be able to prefer a Special Leave Petition. It is, accordingly, directed that the petitioner be released on parole for a period offour weeks to enable him to file Special Leave Petition,subjectto: i) his furnishing personal bond with one surety in the sum of
^ Rs.10,000/-to the satisfaction ofthe Jail Superintendent; f ii) he shall provide his mobile phone number to the Jail Superintendent at the time ofhis release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent; iii) he shall report at the local police station to mark his attendance on every Monday at 11:00 a.m.during the period ofparole; iv) he shall duly surrender atthe end ofthe period ofparole; v) he shall also notindulge in any criminal activity while on parole,and vi) He shall file proof offiling Special Leave Petition at the time of his
V fr- 7 \ surrender.
Dasti.
VIPIN SANGHI,J DECEMBER 15,2016 B.S. Rohella 2016:DHC:9159
JUDGMENT