Saurabh vs State on 30 June, 2020

[Cites 4, Cited by 0]

Delhi High Court - Orders

Saurabh vs State on 30 June, 2020

Bench: Rajnish Bhatnagar

$~1
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(CRL.) 121/2020, CRL. M.A. 8301/2020


      SAURABH                                      ..... Petitioner

                          Through      Mr. Anwesh Madhukar (DHCLSC)
                                       with Ms. Prachi Nirwan, Adv.
                          versus

      STATE
                                                          .... Respondent

                          Through      Mr. Chaitanya Gosain, Adv. for the
                                       State.
      CORAM:
      HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

                          ORDER

% 30.06.2020 The hearing has been conducted through Video Conferencing.

CRL. M.A. 8301/2020

1. Issue notice. Mr. Chaitanya Gosain, Adv. for the State, who appears on advance notice, accepts notice.

2. This is an application U/s 440 of Cr.P.C read with section 482 of Cr.P.C seeking modification of order dated 10.02.2020 praying for release of the applicant/petitioner on parole upon furnishing of personal bond as he is unable to arrange surety.

3. It is submitted by Mr. Anwesh Madhukar (DHCLSC) counsel for the applicant/petitioner that the applicant/petitioner was granted parole vide order dated 10.02.2020 in W.P.(CRL) No. 121/2020 and for the last so many months he has not been able to arrange any surety, so it is submitted that he may be released on parole upon furnishing of personal bond.

4. On the other hand, it is submitted by Mr. Chaitanya Gosain, Adv. for the State that the petitioner/applicant has been sentenced to undergo punishments Under Section 376 D IPC - RI for 20 years with fine of Rs. 10,000/-, and in default of payment of fine SI for 6 months; U/s 376(2) (I) IPC - RI for 10 years with fine of Rs. 10,000/-, and in default of payment of fine SI for 6 months; U/s 323 IPC - RI for 6 months with fine of Rs. 1000/-.; U/s 366 IPC - RI for 7 years and fine of Rs. 5000, and in default of payment of fine SI for 3 months and 15 days.

5. It is further submitted by him that as per the Nominal Roll the petitioner/applicant has not been previously released and looking into the seriousness of the offence, if the petitioner/applicant is released on personal bond, there are chances of his absconding.

6. Mr. Anwesh Madhukar (DHCLSC) counsel for the petitioner/ applicant submits that the petitioner/applicant was on bail during the trial and he has never misused the bail and has faced the trial. Ld. (DHCLSC) counsel for the petitioner/applicant needs time to enquire as to who stood surety for the petitioner during the trial.

7. As prayed list on 02.07.2020.

RAJNISH BHATNAGAR, J JUNE 30, 2020 Sumant

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders