Delhi High Court - Orders
Mohd. Saeed vs State (Nct Of Delhi) on 21 December, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3119/2023
MOHD. SAEED ..... Petitioner
Through: Mr. Siddharth Yadav and Mr. Akshay
Pundir, Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Rahul Tyagi, ASC with Ms. Priya
Rai, Mr. Sangeet Sibou, Mr. Jatin and
Mr. Aashish Chojar, Advocates.
Insp. Sanjeev Kumar
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 21.12.2023
1. At the outset, learned counsel for the petitioner submitted that the present petition be treated as an application seeking parole for a period of four weeks.
2. Heard. Allowed.
3. During the course of the arguments, learned counsel for the petitioner submitted that the jail conduct of the petitioner is satisfactory. He further submitted that petitioner is 66 years old and suffering from various old age ailments. He further submitted that on earlier occasions, petitioner was granted parole and he has duly surrendered on time. Lastly, it has been argued by the Ld. counsel for petitioner that it is essential for the petitioner that he be granted parole to re-establish social ties with his family.
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4. On the other hand, Ld. ASC appearing for the State has argued on the lines of the status report and has vehemently opposed the present petition on the ground that the petitioner has been convicted for offences punishable under Section 121A/122/124A/364/364A/365/384/34 IPC read with Section 3(2)(1)/120B TADA (P) Act. He further submitted that the overall conduct of the petitioner is unsatisfactory and if released on parole, the possibility of jumping the parole by the petitioner cannot be ruled out.
5. In the instant case, the petitioner has undergone more than 28 years in custody. A perusal of the nominal roll dated 13.11.2023 shows that the petitioner was granted parole on 5-6 occasions and there is nothing before this Court to show that petitioner has misused the liberty granted to him. The conduct of the petitioner is satisfactory and there is no allegation against the petitioner regarding the misconduct, therefore, this Court is inclined to allow the present petition only on the ground that petitioner has to maintain his social ties and to meet his family. Accordingly, the petition is allowed and petitioner is granted parole for a period of fifteen (15) days on the following conditions:
(i) The Petitioner shall furnish personal bond in the sum of Rs.10,000/- with one local surety in the like amount to the satisfaction of the concerned Jail Superintendent;
(ii) The petitioner shall provide his mobile phone number to the concerned Jail Superintendent and SHO concerned at the time of release, which shall be kept in working condition at all times;
(iii) The petitioner shall reside at the given This is a digitally signed order.
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(iv) The petitioner shall present himself before the Police Station Connaught Place every third day between 11:00 AM and 11:30 AM to mark his presence. However, he shall not be kept waiting for longer than an hour for this purpose;
(v) The petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of fifteen (15) days from the date of his release.
6. Therefore, the present petition along with pending application, if any, is disposed of accordingly.
7. A copy of this order be sent forthwith to concerned Jail Superintendent and SHO, P.S. Connaught Place through electronic mode.
RAJNISH BHATNAGAR, J DECEMBER 21, 2023/ib 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 23/12/2023 at 02:51:53