ASHISH @ DANGER Vs. STATE

JUDGEMENT

(1.) Issue notice. Ms. Rao accepts notice.

(2.) This petition has been preferred by the petitioner to seek modification of the order dated 12.04.2016, whereby the petitioner's release on parole has been ordered, however, subject to condition that the co-accused, who is on parole and who has jumped parole, should first surrender. The petitioner also seeks a mandamus to direct respondent to release the petitioner on parole.

(3.) The nominal roll of the petitioner shows that the petitioner is undergoing sentence of life imprisonment under Sec. 302 Penal Code in case FIR No.41/2008 registered at Police Station - Chandni Chowk. The petitioner has already undergone 8 years, 4 months and 26 days incarceration as on 10.08.2016. He has also earned remission of 1 year, 9 months and 21 days. He has been granted parole/ furlough on several occasions; lastly between 03.06.2015 and 03.07.2015. His jail conduct is reported to be satisfactory. While dealing with his application seeking parole vide impugned order dated 12.04.2016, the following condition has been imposed: