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Suresh Kumar vs State on 3 December, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          $~22
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 485/2021
                                 SURESH KUMAR                                              ..... Petitioner
                                                     Through      Mr. Kunal Malhotra, Mr.Ravinder
                                                                  Gaur, Advocates

                                                     Versus

                                 STATE                                               ..... Respondent
                                                     Through      Ms. Kamna Vohra, ASC for the State
                                                                  with ASI Raghubir Prasad, PS
                                                                  Naraina


                                 CORAM:
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                         ORDER

% 03.12.2021

1. The petitioner has filed the instant petition with the following prayers:-

"i. Release the Petitioner on parole for a period of 8 weeks on such terms and conditions as may be imposed by this Hon'ble court and/or, ii. Pass any other order/orders, which this Hon'ble Court may kindly deem fit and proper in the interest of Justice."

2. The material on record shows that the petitioner has been convicted for an offence under Section 376 IPC read with Section 4 of the POCSO Act and has been sentenced to undergo life imprisonment with fine of Rs.10,000/-.

3. The petitioner challenged the order of conviction and this Court in Criminal Appeal No.799/2017 passed by this Court modified the sentence of life imprisonment to one of rigorous imprisonment for a period of 12 years along with fine of Rs.10,000/-. The petitioner seeks to challenge this order by filing a Special Leave Petition before the Supreme Court.

4. Notice was issued on 03.03.2021. Status Report stands filed. The primary/principal objection of the State is that the petitioner does not have any residence in Delhi.

5. The Rule 1208 of the Delhi Prison Rules, 2018 permits a person to be released on parole for filing a Special Leave Petition in the Supreme Court. The fact that the petitioner does not have residence in Delhi is not a ground to deny the petitioner from availing his right under Article 136 of the Constitution of India.

6. This Court, is , therefore, inclined to grant parole for a period of 30 days from the date of his release for filing an SLP against the order of the conviction of the petitoner in the Supreme Court on the following conditions:-

i. The petitioner is directed to furnish a personal bond in the sum of Rs.10,000/- to the satisfaction of the concerned Jail Superintendant.

ii. It is stated that the petitioner is the resident of Village-Alipur, Post-Darwan, Police Station Ramgarh, District-Bhabhuwan, Bihar. The petitioner is directed to report to the local Police Station every Monday during the period he is out on parole. iii. If the petitioner happens to be in Delhi, then he will approach the concerned Investigating Officer at Police Station Naraina and W.P.(CRL) 485/2021 Page 2 of 3 mark his presence. The petitioner shall be released within half an hour after completing all the formalities. iv. The petitioner shall surrender after the expiry of 30 days from the date of his release.

7. The petition is disposed of with the above observations along with the pending application(s), if any.

SUBRAMONIUM PRASAD, J DECEMBER 3, 2021 hsk W.P.(CRL) 485/2021 Page 3 of 3