Nanku Yadav v. State

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 287/2016 NANKU YADAV ..... Petitioner Through:

Mr.Ajay Verma & Ms.Maneeta Kumari, Advocates versus STATE ..... Respondent Through:

Ms.Kamna Vohra, A.S.C. for the State with SI Dharmender PS D.B.G.Road

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 02.03.2016 1.

This is a writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for grant of parole for a period of three months for the purpose of constructing a new house to accommodate family members and reconnecting social ties.

2.

Status report has been filed by the State verifying the address of the Petitioner to be correct.

3.

It is mentioned in the petition that the Petitioner had made representation to the Respondent/State praying for grant of parole which has been rejected by the Respondent vide order No.F.18/190/2013/HG/6192 dated 16.12.2015.

4.

As per Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider

the applications for grant of parole inter alia on various grounds which also includes the ground to re-establish social ties with society and family. 5.

Nominal roll of the Petitioner is already placed on record, perusal of which shows that the conduct of the Petitioner, during the period of incarceration, has been 'Satisfactory'.

6.

On behalf of the State, it has been submitted by learned Addl. Standing Counsel that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi.

7.

Considering the facts and circumstances of the case and the fact that the Petitioner is seeking parole for the purpose of constructing a new house to accommodate family members and reconnecting social ties, which is permissible under the guidelines, the prayer for grant of parole is allowed and the Petitioner is granted parole for a period of four weeks from the date of his release on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) The Petitioner shall report on every Monday at 11 AM to the Duty Officer of the concerned Police Station/Police Post under the jurisdiction of which, the Petitioner shall stay during the period of parole in his native town.

(ii) The Petitioner shall keep the SHO, P.S. DBG Road, Delhi informed about his place of residence and his contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(iii) During the period of parole, the Petitioner shall not contact the

witnesses in any manner whatsoever.

(iv) While submitting the bail bond, he will furnish to the Jail Superintendent the address of the place where he would reside during the period of parole as well as the contact numbers. 8.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 9.

Writ Petition stands allowed in the above terms. 10.

The Petitioner be informed through the concerned Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

MARCH 02, 2016 'hkaur'