Vijay v. State

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIJAY ..... Petitioner Through:

Mr.Ankur Sood, Advocate.

versus STATE ..... Respondent Through:

Mr.Avininder Singh, A.S.C. for the State with SI Vijay Pal, PS Kanjhawala.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 14.03.2016 1.

The present writ petition has been filed by the Petitioner from Jail praying for grant of parole for the purpose of filing SLP and re-establishing social ties.

2.

Notice. Learned ASC for the State accepts notice. 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.18/535/2015/HG/807 dated 16.02.2016.

4.

Learned counsel for the Petitioner further submits that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also

includes the ground of filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be. He further submits that in the present case also, the Petitioner is seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the present Petitioner may be granted parole for the said purpose. The said guideline reads as under:- "9.7 To pursue the filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be." 5.

Learned counsel for the Petitioner further submits that the Petitioner undertakes to abide by any condition deemed fit by this Court while considering his prayer.

6.

Nominal roll of the Petitioner has also been placed on record, perusal of which shows that the conduct of the Petitioner, during the period of incarceration, has been 'Satisfactory'.

7.

On behalf of the State, it has been submitted by learned Addl. Standing Counsel that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi.

8.

Considering the facts and circumstances of the case and the fact that the Petitioner is seeking parole for the purpose of filing SLP before the Supreme Court, which is permissible under the guidelines, the prayer for grant of parole is allowed and the Petitioner is granted parole for a period of four weeks from the date of his release to enable him to file SLP in the Hon'ble Supreme Court, 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) During the period of parole, the Petitioner shall report to the Duty Officer, P.S. Kanjhawala, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Kanjhawala, 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 not cross Delhi Border.

(iv) During the period of parole, the petitioner shall not try to contact the witnesses in any manner whatsoever.

(v) The Petitioner shall submit proof of filing of the Special Leave Petition to the SHO, P.S. Kanjhawala, Delhi with the name of counsel who filed the SLP.

(v) 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. 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 along with the particulars of the SLP filed by the Petitioner before the Supreme 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.

MARCH 14, 2016/'st'

PRATIBHA RANI, J.