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Delhi High Court - Orders

Anil @Rajesh vs State Of Nct Of Delhi on 25 July, 2024

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                                    $~67
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    W.P.(CRL) 2215/2024 & CRL. M.A.21661/2024
                                         ANIL @RAJESH                              .....Petitioner
                                                         Through: Mr. Faraz Maqbool, Mr. Chandan
                                                                    Kumar and Ms. A. Sahitya Veena,
                                                                    Advocates.
                                                         versus

                                                STATE OF NCT OF DELHI                                                          .....Respondent
                                                              Through:                                        Mr. Amol Sinha, ASC (Crl.) for State
                                                                                                              with Inspector Mukesh PS K. Puri,
                                                                                                              Delhi.
                                                CORAM:
                                                HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                             ORDER

% 25.07.2024

1. By way of present the petition filed under Article 226 of the Constitution of India, the petitioner seeks release on emergency parole on account of the fact that his mother has expired on 05.06.2024.

2. The petition is accompanied by the receipt of the cremation ground Gazipur Shamshan Ghat Sudhar Samiti at Kondli, Delhi.

3. Issue notice.

4. Mr. Amol Sinha, learned ASC (Crl.) for the State accepts the notice and, on instructions from the IO, states that the factum of death of the petitioner's mother stands verified.

5. The petition is accompanied by a nominal roll which indicates that the petitioner was earlier released on parole for a period of two weeks from 06.11.2023 to 19.11.2023. Learned counsel for the petitioner submits that the petitioner misunderstood the date of surrender, and for that reason there was a delay in surrender by one day.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2024 at 05:11:53

6. Considering that the factum of death of the petitioner's mother has been verified, the petition is allowed and the petitioner is directed to be released on emergency parole for a period of two weeks from the date of his release, on his furnishing personal bond in the sum of Rs.10,000/- and one surety of the like amount to the satisfaction of the concerned Jail Superintendent, subject to the following conditions:

i) During the period the petitioner remains out on parole, he will remain at his residence and shall report to the SHO of the concerned police station on every Saturday at 12:00.
ii) The petitioner shall also provide to the concerned SHO with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned. The mobile location be kept on at all times.
iii) The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case.
iv) The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole.

7. The petition is disposed of in terms of the above.

MANOJ KUMAR OHRI, J JULY 25, 2024/rd This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2024 at 05:11:53