Devender v. State ( Gnct Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W. P.(CRL.) 917/2020 DEVENDER ..... Petitioner Through:

Mr Ashutosh Kaushik, Advocate.

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

Ms Kamna Vohra, ASC for State with Mr Karan Jeet Rai Sharma, Advocate for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.06.2020 [Hearing held through video conferencing] 1.

The petitioner has filed the present petition, inter alia, praying that he be released on emergency parole for a period of eight weeks on such terms and conditions as may be imposed by this Court. 2.

The petitioner's application for parole was rejected in view of the fact that his conduct in the jail was found to be unsatisfactory. The petitioner was imposed a punishment on 15.04.2019 as it was found that he was involved into a quarrel with other inmates.

3.

The punishment ticket indicates that his mulaqat was stopped for fifteen days. Concededly, the said punishment is a minor punishment and Rule 1210 of Delhi Prison Rules, 2018 requires that the conduct of the prisoner, who has been imposed minor punishment should be uniformly good for the last one year prior to the date of his parole application.

4.

The nominal roll indicates that the petitioner's conduct in prison has been satisfactory for the last one year. It is further seen that the petitioner was released on parole from 24.08.2019 to 21.09.2019 (four weeks) pursuant to the orders passed by this Court and there is no allegation that the petitioner had misused his liberty.

5.

Since the petitioner's conduct has been found to be satisfactory after 15.04.2019, the grant of parole to the petitioner is not proscribe under Rule 1210 of the Delhi Prison Rules, 2018. In view of the above, the present petition is allowed and the petitioner is directed to be released on parole for a period of six weeks from the date of his release subject to his furnishing a Personal Bond in the sum of ₹10,000/- to the satisfaction of the concerned Jail Superintendent. This is also subject to the following further conditions:- a) the petitioner shall not leave the National Capital Territory of Delhi;

b) the petitioner shall mark his presence before the concerned police station (PS New Ashok Nagar) on Monday of every calendar week;

c) the petitioner shall provide a contact number and ensure that he is reachable on it at all times; and d) the petitioner shall surrender on or before the expiry of the aforesaid period.

6.

It is clarified that the parole granted to the petitioner shall not be extended and the petitioner would not be entitled to benefit of any general order extending parole or interim orders.

7.

The application is allowed in the aforesaid terms.

8.

A copy of this order be communicated to the concerned jail authorities electronically.

VIBHU BAKHRU, J JUNE 24, 2020 MK