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High Court of DelhiW.P.(CRL)/501/2016

Shanti Devi v. State

2016-02-15Hon'Ble Ms. Justice Pratibha Rani3 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHANTI DEVI ..... Petitioner Through:

Mr.Nitish Chaudhary, proxy counsel versus STATE ..... Respondent Through:

Mr.R.S.Kundu, A.S.C. for the State with Mr.Ankit Kumar Gulia & Mr.Vishesh Wadhwa, Advocates with SI Uma Datt PS Mangol Puri

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 15.02.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of two months on the ground of re-connecting social ties with the family and society.

2.

Notice. Mr.R.S.Kundu, A.S.C. for the State accepts notice of this writ petition and furnishes the status report verifying the address of the petitioner to be correct.

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.18/474/2015/HG/163 dated 13th January, 2016. 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'.

5.

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.

6.

As per nominal roll, the overall jail conduct of the Petitioner as well as jail conduct in last one year is mentioned as 'Satisfactory'. 7.

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 her release, on her 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. Mangol Puri, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Mangol Puri, Delhi informed about her place of residence in Delhi and her 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 she shall not cross the border/limits of NCT of Delhi. (iv) During the period of parole, the petitioner shall not try to contact and visit the residence of victim/witnesses in any manner for any reason whatsoever.

(v) While submitting the bail bond, she will furnish to the Jail Superintendent the address of the place where she 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.

FEBRUARY 15, 2016 'pg'