In a criminal miscellaneous petition, the High Court of Delhi granted parole to the petitioner for four weeks due to his mother's death and need to file a Special Leave Petition, subject to bond and surety.
Grant of parole for a period of four weeks subject to a personal bond of ₹25,000/- with one surety.
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SURAJ GIRI ... Petitioner
Represented by: Mr.Rahul K.Dubey, proxy counsel for Mr.Biswajit Kumar Patra, Advocate
versus
THE STATE (GOVT. OF NCT OF DELHI) .... Respondent Represented by: Mr.Piyush Singhal, proxy counsel for Mr.Ashish Aggarwal, ASC for the State with SI Naveen Malik, PS Aman Vihar
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 03.04.2018
By the present petition, petitioner challenges the communication dated 9th January, 2018 rejecting his application for grant of parole on the ground of filing a Special Leave Petition, arranging funds for the same and to reconnect social ties with family as well as society.
Before the order of rejection of application could be communicated to the petitioner, the mother of the petitioner also passed away on 4th January, 2018. Thus, in the present petition, the petitioner seeks parole on the ground of death of his mother and also to file SLP before the Supreme Court.
On a notice being issued, a Status Report has been handed over in Court, which is taken on record. As per the Status Report, the factum of W.P.(CRL) 523/2018 Page 1 of 2
death of the mother of the petitioner on 4th January, 2018 has been verified. The family of the petitioner comprises of his wife and children besides his elder brother whose statement was also recorded.
Considering the verification report, this Court deems it fit to grant parole to the petitioner.
It is, therefore, directed that the petitioner be released on parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court/CMM.
Petition is disposed of.
A copy of this order be communicated to the petitioner through Superintendent, Tihar Jail.
MUKTA GUPTA, J.
APRIL 03, 2018 ‘rk’
Page 2 of 2
W.P.(CRL) 523/2018
2 issues framed by the court
Whether to grant parole considering the death of the petitioner's mother and pending SLP.
Whether the petitioner can file a SLP while on parole.
Suraj Giri
The State (Govt. of NCT of Delhi)
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
