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2012 DIGILAW 155 (DEL)

Rakesh Saraha v. State

2012-01-16

MUKTA GUPTA

body2012
Judgment :- Mukta Gupta, J. By this petition, the Petitioner seeks parole on the ground that the Petitioner has been in continuous custody from 8th March, 2001 and he has to re-establish ties. 2. The Petitioner has been produced in Court today pursuant to the issuance of production warrants on an application filed by him. The Petitioner assures this Court that he will not repeat any offence and he will live with his family i.e. his father and brother during the period of parole. The brother of the Petitioner Rajesh Kumar who is a Govt. Servant working in Thermal Power House, Hisar is present in Court and states that he is a Govt. Servant and would stand as surety for the Petitioner. Both the Petitioner and his brother state that they are ready to deposited title deed of the 10 acres land which is in the name of the father of the Petitioner and Rakesh Kumar as a security so that the Petitioner surrenders after the period of parole. The Petitioner and his brother Rakesh Kumar further state that in case the Petitioner does not surrender on time, the 10 acres of land owned by the father of the Petitioner will be liable to be confiscated. In addition, the surety bond submitted by the brother of the Petitioner would also be liable to be forfeited. 3. I have heard learned counsel for the parties, the Petitioner and his brother who are present in Court. The Petitioner is undergoing a life sentence in a case under Section 364A/120B IPC. Besides the present case, the Petitioner is facing trial in another case under Section 364A IPC registered at P.S. DBG Road on which he is on bail. The Petitioner has been in continuous incarceration for nearly 11 years. W.P. (Crl.) 1419/2010 filed by the Petitioner for parole had been dismissed by this Court vide its order dated 6th December, 2012. Of course, there is a likelihood of the Petitioner not surrendering after the parole expires and it is in view of the undertaking given by the Petitioner and his brother that the parole is being granted on stringent conditions. 4. It is, therefore, directed that the Petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of Rs. One lakh with two sureties. 4. It is, therefore, directed that the Petitioner be released on parole for a period of four weeks on his furnishing a personal bond in the sum of Rs. One lakh with two sureties. One surety of the Petitioner would be his brother Rajesh Kumar who would furnish a surety bond in the sum of Rs. One lakh and the other surety would be Petitioner's father who would deposit the title deeds of 10 acres land in his name subject to the satisfaction of the learned Trial Court. These stringent conditions are being applied on the under-takings given by the Petitioner and his brother and no application for the modification thereof will be entertained. The title deed of the property of the Petitioner's father will be released to the father of the Petitioner after the Petitioner's surrender. 5. Petition is disposed of. Order Dasti. Petition disposed of.