Murari vs State

Mukta Gupta, J

Crl.M.A. (to be numbered)

This application is being taken up on urgent mentioning through video conferencing.

The petitioner has filed W.P.(Crl.) 3021/2019 seeking parole wherein vide order dated 26th February, 2020, this Court noted that it was inclined to

grant parole to the petitioner, however, since the victim was a minor and was residing in the vicinity of the petitioner’s house, petitioner was

required to furnish an address away from victim where he would be residing while on parole.

Petitioner furnished an affidavit that in case parole is granted to the petitioner, the petitioner would reside at his maternal mother-in-law’s

house at Faridabad. In the meantime, this application has been preferred by the petitioner for the reason the father of the petitioner passed away on

3rd April, 2020 and in view of this exigency pending decision in the writ petition, the petitioner seeks parole.

A status report has been filed by the State verifying the factum of death of the father of the petitioner on 3rd April, 2020. It is however stated that

the victim of the offence who is still minor is residing in the vicinity of the petitioner’s house and considering the present scenario wherein due to

Covid-19 patients having been found in Faridabad, it would not be appropriate to permit the petitioner to stay at Faridabad.

Since by this application, the petitioner seeks parole on account of his father’s death which has been verified, this Court is inclined to grant

parole to the petitioner but for a limited period i.e. two weeks so as to enable him to perform the necessary ceremonies.

Consequently, the petitioner is directed to be released on parole for a period of two weeks on his furnishing a personal bond in the sum of Rs.

10000/- with one surety bond of the like amount to the satisfaction of the Superintendent, Jail. After the expiry of a period of two weeks from his

release, the petitioner would surrender to the custody. It is also clarified that in the period of two weeks, though the petitioner is permitted to reside at

his residence, however, he will in no manner come close to the victim or her family members or go near the residence of the victim.

Application is disposed of.

W.P.(CRL.) 3021/2019

List on 15th July, 2020.