Delhi High Court - Orders
Mohd. Anwar vs State (Nct Of Delhi) on 31 May, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1452/2023
MOHD. ANWAR ..... Petitioner
Through: Mr. Siddarth Yadav, Advocate.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Ms. Nandita Rao, ASC (CRL.) with
Mr. Amit Peshwani, Advocate for
State.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 31.05.2023
1. The present petition under Article 226 read with Section 482 of the Cr.P.C. seeks the following prayers:
a) Issue a writ in the nature of Mandamus granting parole to the petitioner for a period of ninety (90) days in FIR No. 279/1992, U/S 302/307/34 IPC and 5 TADA, P.S. Sadar Bazar;
b) Pass any such further order(s) as this Hon‟ble Court deems fit and proper."
2. Learned counsel appearing on behalf of the petitioner submits that the application seeking parole filed by the present petitioner before the competent authority has not been decided yet. Parole has been sought on the ground that his wife has to undergo surgery and the same is scheduled for 02.06.2023 at Eden Hospital, East of Kailash, Delhi.
3. Status report dated 28.05.2023, authored by Insp. Kanahiya Lal Yadav, SHO, P.S. Sadar Bazar has been handed up in court today. The same 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 08/10/2023 at 08:18:01 is taken on record.
4. Learned Additional Standing Counsel appearing on behalf of the State submits that the application for parole before the competent authority has not yet been decided. However, the factum of surgery of the petitioner‟s wife has been verified. It is further submitted that the present petitioner has sought parole on the ground of his wife‟s surgery on previous occasions as well.
5. In view of the above, learned counsel appearing on behalf of the petitioner submits that no further extension shall be sought and the petitioner may be granted two weeks parole.
6. In view of the above, the present petition is allowed. The petitioner is directed to be released on emergency parole for a period of two weeks from his release on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety of like amount to the satisfaction of concerned Jail Superintendant, subject to further conditions:
i. The petitioner shall provide the SHO, P.S. Sadar Bazar, Delhi, with his mobile number which shall be kept in a working condition at all times. The petitioner shall not switch off or change his mobile number without prior intimation to the SHO concerned. ii. The petitioner shall drop a pin on the Google map to ensure that his location is available to the Investigating Officer. 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 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 08/10/2023 at 08:18:01 at the expiry of the period of parole.
7. The petition is allowed and disposed of accordingly.
8. Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
9. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J MAY 31, 2023/bsr 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 08/10/2023 at 08:18:01