Bacha Ram v. State

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BACHA RAM ..... Petitioner Through:

Mr.Sumeet Verma and Mr.Amit Kala, Advocates versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, A.S.C. for the State with SI Raj Pal, PS Uttam Ngr.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 03.05.2016 1.

This is a writ petition filed by the petitioner from Jail under Article 226 of the Constitution of India, read with Section 482 Cr.P.C. seeking quashing of order dated 05.11.2015 and grant of release on parole for a period of three months to look after old widow mother aged 75 years who is suffering from blindness from many years as well from age related ailments and to reconnect social ties with family and society. 2.

Heard.

3.

Learned counsel for the petitioner submits that the family of the petitioner consists of old aged widow mother who is suffering from blindness since long years and aged related ailments. She is living alone and petitioner is the only person in the family to look after her needs. The Petitioner needs parole for providing looking after her aged mother and for maintaining social ties. 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. 4.

Learned ASC for the State submits that address of the Petitioner has been verified and appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi.

5.

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

6.

Considering the facts and circumstances 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 resident of Village Rajepur, Post-Arjunpur Navawaad, District Kasganj, PS Amarpur, U.P., the Petitioner shall keep the SHO/Duty Officer, P.S. Uttam Nagar, Delhi informed about his place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. 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 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 in his native town.

(iii) During the period of parole, the Petitioner shall not try to contact the witnesses in any manner whatsoever. (iv) While submitting the bail bond, he will furnish to the Jail Superintendent the place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. 7.

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. 8.

Writ Petition stands allowed in the above terms. 9.

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

Order dasti.

PRATIBHA RANI, J.

MAY 03, 2016 'hkaur'