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(2024) Law Today Live Doc. Id. 19194
Decided on: 26.04.2024
For the Petitioner:
Ms. Priyal Bhardwaj & Mr. Chetan Bhardwaj, Advs.
For the Respondent:
Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Aggarwal, Adv. For State alongwith Insp. Ravi Kumar, P.S. Maurya Enclave.
Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Parole for own engagement and marriage ceremony -- Petition allowed, petitioner granted parole for a period of two weeks.
(Para 1-5)
ORDER
1. The present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:-
“i. Allow the present Writ Petition and release the Petitioner on Parole for a period of four weeks for his engagement & marriage ceremony.
ii. Pass such other or further order/orders as this Hon’ble Court may deem fit in the larger interest of justice.”
2. Learned counsel appearing on behalf of the petitioner submits that the engagement and marriage ceremony of the present petitioner has been fixed for 27.04.2024 and 30.04.2024 respectively to be performed at Arya Samaj Mandir, 74 B, Khanna Market, Tis Hazari, Delhi-110054. The aforesaid fact has been verified vide status report dated 25.04.2024 by SHO, P.S.Maurya Enclave.
3. The nominal roll dated 24.04.2024 received from Superintendent of Prison, Central Jail No. 14, Mandoli, Delhi as on 24.04.2024 with respect to the present petitioner shows that the petitioner has been in custody for 14 years, 6 months and 25 days (with remission).
4. Status report forwarded by Central Jail No. 14, Mandoli, Delhi reflects that the petitioner had availed parole w.e.f. 29.01.2024 to 05.03.2024 granted by a coordinate bench of this Court and surrendered himself on time i.e., on 06.03.2024.
5. In totality of the facts and circumstances, the present petition is allowed. The petitioner is granted parole for a period of two weeks from the date of his release, subject to the following conditions:—
i. The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Trial Court/ Link Court.
ii. The petitioner shall furnish the address where he shall reside during the period of parole to the Jail Superintendent, as well as the details of local Police Station in that area.
iii. The petitioner shall report to the SHO of the local area once a week on every Sunday between 10:00 AM to 11:00 AM, during the period of parole.
iv. The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as SHO of local police station, on which he can be contacted if required. The said telephone number shall be kept active and operational at all the times by the petitioner.
v. Immediately upon the expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.
vi. The period of parole shall be counted from the day when the petitioner is released from jail.
6. The petition is partly allowed and accordingly disposed of.
7. Pending application(s), if any, also stands disposed of.
8. Order be uploaded on the website of this Court, forthwith.
9. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
Petition partly allowed.
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