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High Court of DelhiW.P.(CRL)/187/2016

Deep Chand Bhati @ Deepu v. State ( NCT Of Delhi)

2016-02-02Hon'Ble Ms. Justice Pratibha Rani3 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEP CHAND BHATI @ DEEPU ..... Petitioner Through:

Mr.Anurag Jain, Advocate.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr.Avininder Singh, A.S.C. along with Ms.Sumi Anand & Ms. Megha Bahl, Advocates for the State SI Sachin Tomar, PS Pandav Nagar

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 02.02.2016 CRL.M.A.1053/2016 Exemption allowed, subject to all just exceptions. Application stands disposed of.

1.

By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., Petitioner is seeking parole for a period of two months on the following two grounds :- (i) To attend the marriage of his nephew at Convention Hall, Sector 16, Vasundhra, Sahibabad main Road subji mandi (UP) and at Bhatia Tent, Ground No.2, Utsav Ground Opp. National Victor Public School, Patparganj, Delhi (ii) to make financial arrangements for getting his house repaired and also

to deposit the conversion tax of the building with EDMC. (iii) to re-establish social ties with family and society. 2.

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

3.

Learned counsel further submits that as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties' and prays for grant of parole to the Petitioner. 4.

On behalf of State, it is submitted that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 5.

As per nominal roll, the overall jail conduct of the Petitioner as well as jail conduct in last one year is mentioned as 'Satisfactory'. 6.

Considering the facts and circumstance of the case, the prayer for grant of parole is allowed to the extent that 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 ` 10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) Since the petitioner is being granted parole for the purpose of reestablishing social ties and he is permanent resident of D-30, 1st Floor, Dayanand Block, Shakarpur, Delhi, he shall keep the SHO/Duty Officer, P.S. Shakarpur, Delhi informed about his place of residence during the period of parole and his contact numbers i.e. mobile, landline or both. (ii) 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.

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

(iv) The petitioner shall not try to contact or influence the complainant/witnesses.

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 Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

FEBRUARY 02, 2016 'aky/da'