Delhi High Court
Mohd. Sheikh Noor Hussain vs State Of Nct Of Delhi on 8 October, 2010
Author: Sanjiv Khanna
Bench: Sanjiv Khanna
19.
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1371/2010
MOHD. SHEIKH NOOR HUSSAIN ..... Petitioner
Through Ms. Charu Verma, Advocate.
Versus
STATE OF NCT OF DELHI ..... Respondent
Through Mr. Pawan Sharma, Standing Cousnel for the State.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 08.10.2010
1. Learned Standing Counsel prays for and is granted permission to place on record status report.
2. With the consent of the counsel for the parties, the present petition is being heard and is being disposed of by the present order.
3. By the impugned order dated 8th July, 2010, the competent authority has rejected the request made by the petitioner for grant of parole on the ground that the petitioner has been convicted for murder and rape of a minor and the grounds of parole are not genuine.
4. The petitioner has been convicted in FIR No. 252/2002 and has been in jail for about nine years. He was granted parole for fifteen days in 2008 and for one month in September-October, 2009. One year has lapsed since the date on which the petitioner was last released on parole. Earlier the petitioner had surrendered six days late after the parole period expired in October, 2009. There is no allegation that the petitioner had indulged in any wrongful or illegal activity while on parole.
5. Keeping in view the aforesaid facts, the petitioner is directed to be released on parole for a period of four weeks, subject to following conditions:-
(1) The petitioner will furnish personal bond in the sum of Rs.5,000/- with one surety of the like amount to the satisfaction of the trial court. (2) The petitioner will give residential address where he will be residing during the period of parole. He shall immediately after reaching the said destination inform the SHO of the police station concerned about his arrival. He shall every third day mark his attendance in the said police station.
(3) He shall give mobile telephone number on which he can be contacted while on parole. The mobile telephone number need not belong to the petitioner and can be of any third person, who is ready and willing to permit the petitioner to be contacted on the said number. (4) Before the petitioner is released, the SHO of the police station concerned, i.e., Police Station Sarojini Nagar will contact the person concerned on the telephone number and verify whether he knows the petitioner and will permit the petitioner to be contacted on the said number. It will be open to the SHO, Police Station Sarojini Nagar or any other officer to contact the petitioner every day on the said telephone number.
(5) The petitioner must surrender on or before the period of parole is over and in case he does not surrender by the specified date, appropriate orders will be passed. This factor will be taken into consideration if and when the petitioner applies for fresh parole.
(6) The petitioner will not indulge in any wrongful or illegal activity. In case any wrongful or illegal activity comes to the notice of the State, they will be at liberty to apply for cancellation of the parole.
The writ petition is disposed of.
DASTI.
SANJIV KHANNA, J.
OCTOBER 08, 2010 VKR/P