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

O R D E R

% 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 8^th 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.

2010:DHC:5083

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.

2010:DHC:5083

(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

2010:DHC:5083