Mandeep @ Gogi v. State

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANDEEP @ GOGI ..... Petitioner Through:

Mr.S.K.Sethi, Advocate versus STATE ..... Respondent Through:

Mr.Rahul Mehra, St.Counsel for the State with SI Shyam Sunder PS Sector-23 Dwarka

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 28.03.2016 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. by the Petitioner from jail seeking parole for a period of one month on the ground of re-connecting social ties with the family and society and to take care of his aged mother. 2.

Notice. Mr.Rahul Mehra, Standing Counsel 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.18/03/2015/HG/936 dated 22.02.2016.

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 his release, 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. Sector-23, Dwarka, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Sector-23, Dwarka, 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 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, 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, 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.

MARCH 28, 2016 'hkaur'