Satyajeet @ Lovely v. State

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SATYAJEET @ LOVERLY ..... Petitioner Through:

Mr.Jivesh Tiwari, Advocate versus STATE ..... Respondent Through:

Ms. Richa Kapoor, ASC Mr. Ashish Negi , Advocate Mr. Rohit Kaul, Advocate

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.01.2016 1.

This is a petition under Article 226 and 227 of the Constitution read with Section 482 Cr.P.C. moved on behalf of the Petitioner seeking parole for a period of three months for the treatment of his ailing mother who is psychiatric patient and undergoing treatment at IHBAS Hospital as well as to re-establish social ties.

2.

Status report has been filed by the State mentioning there in that Smt. Amarjeet Kaur mother of the petitioner is living alone at the given address i.e. H.no. 1/5867, Top Floor, Gali no. 1. East Rohtash Nagar, Shahdra,Delhi. The factum of mother of the petitioner being a severe patient of depression and undergoing treatment at IHBAS Hospital has also been verified by the State.

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.5/SCJ5/ASCT/2015/9784 dated 24th October, 2015. 4.

Learned counsel for the Petitioner submits that the petitioner is seeking parole for maintaining social ties. 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'. Learned counsel for the petitioner prays for grant of parole to the Petitioner to enable him to reconnect social ties.

5.

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. 6.

As per nominal roll, the overall jail conduct of the Petitioner is mentioned as 'Satisfactory'.

7.

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.VIVEK VIHAR, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. VIVEK VIHAR, 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. 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.

JANUARY 29, 2016 'aky'