Delhi High Court - Orders
Sanjay Kumar vs State Of Nct Of Delhi on 23 November, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1013/2020
SANJAY KUMAR ..... Petitioner
Through Mr. Gayatri Virmani, Advocate for
Mr. Anuj Kapoor, Advocate
versus
STATE OF NCT OF DELHI ..... Respondent
Through Mr. Sanjay Lao, Standing Counsel
with SI Uday Singh PS S.P. Badli
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 23.11.2021 CRL M.A. 17955/2021
1. The petitioner has been granted parole for a period of 30 days by the order dated 02.09.2021 on his furnishing a personal bond of Rs. 15,000/- and one surety of the like amount.
2. The petitioner has filed the instant application as he is unable to arrange for a surety and that the petitioner be released on parole only on furnishing the personal bond.
3. The Supreme Court in Moti Ram v. State of M.P., (1978) 4 SCC 47 has observed as under:
"30. If sureties are obligatory even for Juveniles, females and sickly accused while they can be dispensed with, after being found guilty, if during trial when the presence to instruct lawyers is more necessary, an accused must buy release only with sureties while at the appellate level, suretyship is expendable, there is unreasonable W.P.(CRL) 1013/2020 Page 1 of 2 restriction on personal liberty with discrimination writ on the provisions. The hornet's nest of Part III need not be provoked if we read „bail‟ to mean that it popularly does, and lexically and in American Jurisprudence is stated to mean viz. a generic expression used to describe judicial release from custodia juris. Bearing in mind the need for liberal interpretation in areas of social justice, individual freedom and indigents's rights, we hold that bail covers both -- release on one's own bond, with or without sureties. When sureties should be demanded and what sum should be insisted on are dependent on variables."
4. This Court is inclined to release the petitioner on parole only upon furnishing a personal bond of Rs. 15,000/-. It is made clear that the petitioner be released on parole only after his address proof is furnished with the authorities.
5. With these observations, the application is disposed of.
SUBRAMONIUM PRASAD, J NOVEMBER 23, 2021 d.negi W.P.(CRL) 1013/2020 Page 2 of 2