Sonveer @ Pinku @ Sombir v. State

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3275/2019 SONVEER @ PINKU @ SOMBIR ..... Petitioner Through:

Ms Sagrika Wadhwa and Mr Rajiv Bajaj, Advocates (DHCLSC).

versus STATE ..... Respondent Through:

Mr Amit Peswani, Advocate for Ms Nandita Rao, ASC (Criminal) for State.

Inspector Sudhir Kumar, PS Chanakya Puri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.12.2019 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 09.09.2019, whereby the petitioner's application for parole was rejected.

2.

A plain reading of the impugned order indicates that the petitioner's application was rejected in view of Rule 1210(II) of the Delhi Prison Rules, 2018, which requires the conduct of the prisoner to be uniformly good for a period of one year, if any minor punishment has been imposed on him. The nominal roll indicates that the petitioner was punished with stoppage of his mulakat for a period of one week, on 01.08.2018. This was on account of his misbehaving and using abusive and filthy language with TSP personnel on duty and not cooperating for his transfer from CJ15 to CJ1. The said punishment was also approved by the concerned District and Sessions Judge on 06.10.2018.

3.

There is no allegation that the petitioner's conduct has been found wanting after 01.08.2018. It is also not disputed that the punishment imposed on him is a minor punishment. As of date, more than a year has already lapsed since the punishment was imposed on the petitioner. 4.

In view of the above, there is no impediment in acceding to the petitioner's request for parole. The status report has been filed, which indicates that the petitioner's address at Panchkula has been verified. 5.

In view of the above, the present petition is allowed and the petitioner is directed to be released on parole for a period of three weeks from the date of his release, on his furnishing a personal bond of ₹10,000/- with one surety of an equivalent amount to the satisfaction of the Jail Superintendent. 6.

On his release, the petitioner shall proceed directly to the address at Panchkula and shall confine himself to Panchkula and the Union Territory of Chandigarh.

7.

He shall, thereafter, proceed directly to Delhi to surrender on completion of his period on parole. The petitioner shall provide his mobile number and ensure that he is reachable at all times. 8.

The petition is allowed in the aforesaid terms. VIBHU BAKHRU, J DECEMBER 16, 2019 RK