Disposed

Ashfaq@Shabbu v. State Govt of NCT of Delhi & Anr.

Delhi HC18 Nov 2024W.P.(CRL)/480/2024

Case brief

AI extract

What is this about?

Petitioner sought parole to file an SLP challenging conviction. Court granted parole for four weeks subject to personal bond and specific reporting conditions instead of quashing rejection.

What did the court decide?

Parole granted for four weeks from date of release subject to personal bond of Rs.25,000 and conditions including reporting to SHO on Mondays and surrender after four weeks.

Ashfaq@Shabbu Vs State Govt of NCT of Delhi & Anr. — Delhi HC (2024) — LawSathi Research

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 480/2024 ASHFAQ@SHABBU .....Petitioner Through: Mr. Puneet Khurana, Advocate.

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versus

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STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr. Yasir Rauf Ansari, ASC (Crl.) for the State with Mr. Alok Sharma and Ms. Vasu Agarwal, Advocates with SI Anoop Rana PS Paschim Vihar, Delhi.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 18.11.2024

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By way of present petition, the petitioner seeks quashing of the order bearing number F.18/81/2023/HG/3633 dated 18.12.2023 issued by the respondent rejecting his request for grant of parole. The petitioner also seeks grant of parole for a period of eight weeks on the ground that he has to file an SLP.

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The petitioner’s appeal being Crl.A. No.782/2019 came to be partly allowed vide judgement of this Court dated 31.05.2023 to the extent that his conviction under Section 302 IPC has been altered to one under Section 304 Part-I IPC. Learned counsel for the petitioner submits that the petitioner seeks parole for the purpose of engaging a counsel for challenging the said judgment by way of an SLP. It is stated that during the period of parole the petitioner would be residing with his parents at H.No.593, Ground Floor,

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 13:10:44

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Khasra No.126, Village Nangloi Jat, Delhi-110041. Their mobile numbers are stated to be 9999763045 and 9213584304.

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A verification report has been placed on record verifying the aforesaid address of the petitioner.

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Considering the aforesaid, the petitioner is granted parole for a period of four weeks which will be effected from the date of his release, subject to him furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent/learned Trial Court/Duty JMFC and subject to the following conditions:

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(i) The petitioner shall report to the SHO, PS Paschim Vihar, Delhi on every Monday during the period of his release.

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(ii) The petitioner shall surrender before the Superintendent, Tihar Jail after expiry of four weeks.

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(iii) The petitioner shall remain available on the mobile numbers of his parents which have been provided hereinabove.

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(iv) The petitioner shall not leave the Delhi NCR without prior permission of the concerned Court;

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(v) The petitioner shall surrender upon expiry of the parole period.

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The petition is disposed of in above terms.

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A copy of this order be communicated to the Superintendent, Tihar Jail for compliance as well as to the learned Trial Court.

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MANOJ KUMAR OHRI, J

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NOVEMBER 18, 2024/ rd

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 13:10:44

Ashfaq@Shabbu v. State Govt of NCT of Delhi & Anr.

Case brief

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Ashfaq@Shabbu v. State Govt of NCT of Delhi & Anr.

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