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High Court of DelhiW.P.(CRL)/291/2016

Anil Kumar @ Chhotu v. State

2016-01-29Hon'Ble Ms. Justice Pratibha Rani3 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL KUMAR @ CHHOTU ..... Petitioner Through:

Ms.Naomi Chandra, Advocate.

versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, A.S.C. with Mr.Piyush Singhal, Advocate for the State with Insp.Ravi Kumar PS Samaipur Badli.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.01.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of one month on the ground of maintaining social ties with his family and society and to combat inner stress. 2.

Notice. Learned ASC accepts notice on behalf of State. 3.

Heard. Status report has also been filed by the State. 4.

Learned counsel for the Petitioner 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 with his family and society.

5.

Learned ASC for the State submits that as per the status report filed, the convict is permanent resident of given address i.e. Village VPO Kathura, PS Baroda, Gohana, Distt. Sonipat, Haryana and his mother and younger brother were found residing there.

6.

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.18/207/2013/HG/6042 dated 08.12.2015.

7.

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

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 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) Since the petitioner is being granted parole for the purpose of maintaining social ties and he is permanent resident of Village VPO Kathura, PS Baroda, Gohana, Distt. Sonipat, Haryana, he shall keep the SHO/Duty Officer, PS Samaipur Badli, Delhi informed about his place of residence during the period of parole 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.

(ii) The Petitioner shall report on every Monday at 10 AM to the Duty Officer of the concerned Police Post under the jurisdiction of which the petitioner shall stay during the period of parole in his native town. (iii) 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.

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

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. Writ Petition stands allowed in the above terms.

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

Order dasti.

PRATIBHA RANI, J.

JANUARY 29, 2016 'st/da'