Nazim v. State
Case brief
What is this about?
The petitioner sought release on parole to be near his wife for her expected delivery. The court observed the petitioner's satisfactory conduct and antecedents and granted release on parole for three weeks from the date of release, subject to strict conditions.
What did the court decide?
Petitioner released on parole for a period of three weeks with conditions including surrender before expiry, non-engagement in unlawful activities, and territorial restriction to Delhi.
What the court decided
$~4
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 1597/2017
NAZIM ..... Petitioner Through: Mr. Yogesh Swaroop with Mr. Kapil K. Kaushik, Advs.
versus STATE ..... Respondent Through: Mr. Rajesh Mahajan, ASC SI Kapil Kumar & ASI Jaiveer, P.S. Khajuri Khas
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 30.05.2017
The petitioner had represented before the competent authority for being released on parole on the ground that the expected date of delivery of his wife is 07.06.2017, which has not yet been responded to.
Mr. Rajesh Mahajan, learned Additional Standing Counsel has filed the status report which affirms the fact that the wife of the petitioner is in an advanced stage of pregnancy and is scheduled to deliver on 07.06.2017. The address of the petitioner has also been verified and is found to be true. The antecedent of the petitioner is also not bad except for the present conviction.
The petitioner was convicted under Section 393 of the IPC and was initially sentenced to undergo RI for 5 years, to pay a fine of Rs.10,000/with a default clause. In appeal, the aforesaid sentence was reduced to 4 years.
Issues for consideration
3 issues framed by the court
Whether a prisoner convicted for murder charged with an advanced term of remand should be released on parole to attend the delivery of his wife near the expected due date.
Whether the parole conditions need to be specified to ensure the return of the parole applicant to jail within a stipulated time.
Whether the petitioner's antecedents and conduct in jail should be considered before releasing him on parole.
Parties & counsel
- petitioner
NAZIM
- respondent
STATE
Coram
ASHUTOSH KUMAR
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court