Sanjay @ Punti v. The State ( Govt Of NCT) Delhi

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJAY @ PUNTI ..... Petitioner Through:

Mr.Dhan Mohan & Ms.Tanu B.Mishra, Advocates versus THE STATE (GOVT OF NCT) DELHI ..... Respondent Through:

Mr.Rajesh Mahajan, ASC for State with Ms.Parul Jamwal, Advocate

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 21.01.2016 Crl.M.A. No.1044/2016 1.

Exemption allowed, subject to all just exceptions. 2.

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., the petitioner is seeking parole for a period of one month on the ground of re-connecting social ties with the family and society.

2.

Notice. Learned ASC for the State accepts notice. 3.

Learned counsel for the Petitioner submits 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.18/463/2014/HG/6401dated 28.12.2015.

4.

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

5.

Status report has been filed by the State verifying the address of the Petitioner to be correct. It is further mentioned in the status report that the petitioner is involved in eight cases including the present case, out of which in two cases i.e. FIR No.429/2006 under Sections 392/411/34 IPC PS Model Town and FIR No.304/2008 under Sections 307/324/34 IPC, PS Subzi Mandi, he has been acquitted; in one case bearing FIR No.60/2006 under Section 379/34 IPC PS Subzi Mandi the matter has been compromised, one case bearing FIR No.29/2013 under Section 324/34 IPC PS Subzi Mandi is pending trial and in four cases i.e. FIR no.436/2007 under Sections 323/345/34 IPC PS Subzi Mandi, FIR No.507/2007 under Sections 452/323/506 IPC PS Subzi Mandi, FIR No.3/2011 under Section 25 Arms Act PS Subzi Mandi and FIR No.93/2010 under Section 307/34 IPC PS Maurice Nagar he has been convicted.

6.

Learned ASC for the State submits that since the petitioner is involved in many cases, certain conditions as deemed fit by this Court, may be imposed on the petitioner while considering his prayer for grant of parole. 7.

As per nominal roll, the hail conduct of the petitioner for the last one year is mentioned as 'Satisfactory'. In column No.18 and 19 of the nominal roll i.e. details of pending cases, if any and details of conviction in other cases, if any, it is mentioned that in case FIR No.29/2013 PS Subzi Mandi, the petitioner is on bail and in case FIR Nos.507/2007 PS Subzi Mandi and

FIR No.3/2011 PS Subzi Mandi, the petitioner has already undergone the sentence awarded to him.

8.

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) During the period of parole, the Petitioner shall report to the Duty Officer, P.S. Maurice Nagar, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Maurice Nagar, Delhi informed about his place of residence in Delhi 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 remain in Delhi and he shall not cross the border and not try to 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 in Delhi during the period of parole as well as the contact numbers. 9.

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. 10.

The Petitioner shall avail the benefit of parole granted herein above in case FIR No.93/2010 under Section 307/34 IPC, PS Maurice Nagar only if

he is on bail in other cases or is otherwise eligible to be released. 11.

It is made clear that if any of other co-convict is on parole/furlough, this order shall come in operation only after surrender of the said co-convict. 12.

Writ Petition stands allowed in the above terms. 13.

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

Order dasti.

PRATIBHA RANI, J.

JANUARY 21, 2016 'st'