s-29 * IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(cRL) 1726/2011 MOHD. RAFr @ RAJA ..... Petitioner Through : Mr. Ajay Verma, Adv. versus STATE OF THE NCT OF DELHI ..... Respondent Through : Mr. Pawan Sharma, APP. CORAM: HON'BLE MR. JUSTICE SURESH KAIT ORDER % 16.12.2011 I Learned counsel for petitioner submits that the instant writ petition is filed under Article 226 ofthe Constitution of India read with Section 482 Cr.P.C. for the issuance of writ in the nature of certiorari quashing the order dated 15. 1 1 .2011 by respondent, rejecting the parole petition of the petition and for issuance of writ in nature of Mandamus, directing the respondent to release the petition on parole for a period of 03 months for the re-construct the dilapidated house and to search suitable groom for his maniageable sister as the parents have already been expired and one elder brother namely Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Munawwar Ali along with whom the said sister was living has also expired. 2 The petitioner applied for grant of paraole to the Government of National Capital Tenitory of Delhi and vide communication dated 15.11.201r, issued by Joint Secretary(rlome) on behalf of Hon'ble Lt. Governor, Ncr of Delhi, the same was rejected on the ground of adverse police report. 3 Learned counsel fuither submitted that the petitioner has only one sister in his family aged 18 years and the petitioner himself is an illiterate person belonging to an uneducated background having no funds available in hand to engage a private counsel. 4 It is further submitted that the brother of the petitioner has expired on 06.09.2011, who was the only responsible male member in his family. Now the sister and the widow of his deceased brother along with minor child of 08 years old are living alone 5 It is submitted that'the petitioner has earlier availed the benefit of GNCT parole for a period of 0lmonth to attend a marriage ceremony and surrendered himself in time on 28.01 .2011before concerned Jail Authorify. 6 Notice issued. Learned APP accepts notice on behalf of State. 8 With the consent of the learned counsel for parties, the instant petition is taken up for disposal. 9 In the instant case, the total sentence if 07 years and the petitioner has already undergone more than O4years of incarceration, as per the Nominal Roll dated 24.11.2011. 10 It is submitted that as per new Guidelines of NCT of Delhi on parole, that the convict is entitle to move an application for grant of release on parole, for socializinginthe society, after competition of 01 year. 11 Keeping the total facts and circumstances into view, I deem it appropriate to suspend the sentence of the applicant/petitioner for 02 months w.e.f the date of his release from Jail. 12 On completion of the above period, he shall surrender before the concerned Jail Authority. 13 Accordingly, the petitioner shall be released on bail on his furnishing personal bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of concerned Jail Authority. 14 No further order is required. 15 Accordingly, instant Writ Petition is disposed of on the above terms. 16 Copy of the order be sent to concerned Jail Authority for compliance. Ny- URESH KAIT, J 17 Dasti. DECEMBER 16, 2OII j