Aslam v. State
Case brief
What is this about?
In an instant writ petition under Article 226 read with Section 482 Cr.P.C., the petitioner sought parole for three months. The High Court of Delhi granted parole for a period of three weeks subject to a bond with one surety.
What did the court decide?
Granted parole for three weeks on furnishing a personal bond of `30,000/- with one surety.
What the court decided
$~29
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 139/2016 ASLAM ..... Petitioner Through : Mr.M.L.Yadav, Advocate. versus STATE ..... Respondent Through : Mr.Rahul Mehra, Standing Counsel with Mr.Jamal Akhtar, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 18.01.2016 1. The instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for seeking parole for a period of three months. Status report is on record.
- Nominal Roll dated 04.01.2016 reveals that the petitioner was convicted under Sections 376(2)(f)/34 IPC and was sentenced to undergo RI for ten years with fine `5,000/-. Crl.A.796/2013 was disposed of by this Court on 12.08.2015. Nominal Roll further reveals that the petitioner has already undergone four years, three months and twenty-four days incarceration besides remission for eight months and eight days as on 04.01.2016. It further reveals that he is not involved in any other criminal case and is not a previous convict. His overall jail conduct is satisfactory. He has not availed any interim bail or parole during his detention.
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W.P.(CRL) 139/2016
- In the interest of justice and for the reasons mentioned in the writ petition, the petitioner is granted three weeks parole from the date of release, on furnishing personal bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate. After completion of parole period, the petitioner shall surrender before the Jail Superintendent.
Issues for consideration
2 issues framed by the court
Whether the petitioner is eligible for a brief period of parole on furnishing a bond to facilitate family visit or legitimate cause.
Whether the conditions of the grant of parole are reasonable given the petitioner’s conduct and status.
Parties & counsel
- petitioner
Aslam
- respondent
State
Coram
S.P. Garg
Case details
As recorded by the court registry
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