Delhi High Court
Mukesh Verma @ Titu vs State on 12 February, 2016
Author: Siddharth Mridul
#13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.02.2016
+ W.P.(CRL) 202/2016
MUKESH VERMA @ TITU ..... Petitioner
Through: Mr. Neeraj Bhardwaj, Advocate
versus
STATE ..... Respondent
Through: Ms. Richa Kapoor, ASC (Criminal)
with Mr. Ashish Negi, Advocate with
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
praying for a direction to the official respondent to release the petitioner on
parole in order to enable him to organize, finance and attend the marriage of
his daughter- Priyanka, which is scheduled to be solemnized on 22nd
February, 2016.
2. The petitioner is aggrieved by the order dated 6th November, 2015
whereby his application for grant of parole on the above-stated grounds was
rejected by the competent authority for the following reasons:-
"rejected in the absence of requisite police
verification report regarding verification of address
and grounds taken by convict from concerned police
authorities i.e. SSP, District Mujaffar Nagrar, U.P., SO
PS- Khatauli, U.P., DCP/North East Distt., Delhi and
SHO/Dilshad Garden/Seelampur, Delhi, which could
not be obtained despite several requests.
Further, the convict has last availed 01 month parole
upto 16.01.2015 by GNCTD and thereafter, he has
availed 05 weeks furlough during the year 2015
including recently availed 02 weeks furlough upto
16.09.2015 by the order of DG (P)."
3. The petitioner cannot be visited with the consequences of the lethargy
of the official respondents. The official respondents ought to have been
more sensitive to the circumstance that the petitioner needs to organize,
finance and attend the marriage of his daughter- Priyanka, who is of
marriageable age, particularly when he has been released on parole and
furlough earlier and is not stated to have misused the liberty granted to him.
4. A status report has been filed on behalf of the official respondents.
The same is taken on record.
5. A perusal of the status report confirms the factum of marriage of
petitioner's daughter- Priyanka, which is scheduled to be solemnized on 22nd
February, 2016 at Khatauli, District Muzaffarnagar, U.P.
6. In the present case, it is observed that the petitioner has already
undergone incarceration for a period of over thirteen years out of the total
sentence of life imprisonment awarded to him and his conduct in the jail
since the inception of his incarceration has been satisfactory.
7. In view of the foregoing, it is considered just necessary and expedient
to allow the present writ petition.
8. Consequently, the petitioner is enlarged on parole for a period of four
weeks from the date of his release on his furnishing a personal bond in the
sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of
the Jail Superintendent subject to the following conditions:-
(i) During the period the petitioner remains out on parole,
he shall report to the SHO, Police Station- Village
Khatauli, Distt. Muzaffar Nagar, U.P. once a week on
every Tuesday.
(ii) The petitioner shall also provide the SHO, Police
Station- Village Khatauli, Distt. Muzaffar Nagar,
U.P., with his mobile telephone number which he
undertakes to keep operational.
(iii) He shall not leave the jurisdiction of the concerned
Police Station in Muzaffar Nagar, U.P. without the
prior permission of this Court except to surrender
before the jail authorities.
(iv) Lastly, the petitioner shall surrender before the jail
authorities at the expiry of the period of parole.
9. With the above directions, the writ petition is allowed and disposed of
accordingly.
10. A copy of this order be sent to the Jail Superintendent for necessary
information and compliance.
11. A copy of this order be given dasti under signature of the Court
Master to counsel for the parties.
SIDDHARTH MRIDUL, J
FEBRUARY 12, 2016
sd
