Anil Kumar v. The State ( Govt Of NCT) Of Delhi

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL KUMAR ..... Petitioner Through: Mr.Feroze Ahmad and Mr.R.S.Sharma, Advocates.

versus THE STATE (GOVT OF NCT) OF DELHI ..... Respondent Through:

Mr. Sanjay Lao, A.S.C. for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 25.04.2016 Crl.M.A. No.4709/2016 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

WP (Crl.) No.858/2016 1.

The present writ petition has been filed by the Petitioner seeking parole for a period of one month to enable him to file SLP before the Hon'ble Supreme Court.

2.

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.18/16/2016/HG/1045 dated 29.02.2016.

3.

Status report has been filed by the State. Learned ASC for the State, on instructions, submits that address of the petitioner has been verified. 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.

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.

7.

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 to the extent that 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 ` 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. Mayur Vihar Phase-I, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Mayur Vihar Phase-I, 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. Mayur Vihar Phase-I, 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. 8.

It is directed that on expiry of the parole period of four weeks, 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. 9.

Writ Petition stands allowed in the above terms. 10.

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

Order dasti.

APRIL 25, 2016 PRATIBHA RANI, J.

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