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Delhi High Court - Orders

Kamruddin @Md. Kamrul vs State Of Gnct Of Delhi on 28 October, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~59
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(CRL) 1726/2020
                                     KAMRUDDIN @MD. KAMRUL                                   ..... Petitioner
                                                          Through : Ms.Jyoti Batra and Ms.Monisha
                                                                        Thomas, Advocates.
                                                          versus
                                     STATE OF GNCT OF DELHI                                  ..... Respondent
                                                          Through : Mr.Karanjeet Rai Sharma, Advocate
                                                                        for Mr.Sanjay Lao, Standing Counsel
                                                                        for State with SI Ankur, PS Welcome.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                          ORDER

% 28.10.2021

1. This petition is for grant of parole to the present petitioner and was filed in October, 2020 but has been adjourned time and again for reasons mentioned in the various orders. I have perused the orders wherein the competent authority relying upon Rule 1210(ii) of the Delhi Prison Rules of 2018 has rejected his application on the ground of punishment being awarded to the petitioner by jail authority. It is submitted more than two years have elapsed since the last punishment and as such Rule 1210(ii) of the Delhi Prison Rules of 2018 shall not come in the way of grant of parole to the petitioner herein.

2. Nevertheless, if one looks at the nominal roll of the present petitioner, out of 10 years RI he has already undergone 7 years approx, including remissions earned. Looking at the period of custody already undergone the parole can be granted to the petitioner to look after his widowed mother suffering from old age ailments as also to his wife who is suffering from stone problem and also to reestablish social ties.

3. In the circumstances, the petitioner is granted for 6 weeks of parole on his executing a personal bond of Rs.10,000/- with one surety of the like Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.10.2021 11:32 amount to the satisfaction of the Jail Superintendent/learned Trial Court.

4. The appellant is directed to furnish his contact details/address to the Investigating Officer/SHO concerned and shall keep his mobile location app open at all time.

5. This petition stands disposed of in above terms. Pending application, if any, also stands disposed of.

6. Copy of this order be sent electronically to the learned Trial Court / Jail Superintendent for information and compliance.

YOGESH KHANNA, J.

OCTOBER 28, 2021 R Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.10.2021 11:32