Puran Singh v. State Of NCT Of Delhi And ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PURAN SINGH .....Petitioner Through:

Mr. Swami Nath and Mr. Rohit, Advocates versus STATE OF NCT OF DELHI AND ORS .....Respondents Through:

Mr. Rahul Tyagi, ASC for State along with SI Aarti Yadav, PS Kapashera

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 10.01.2025 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking for eight (8) weeks parole for marriage of his daughter which is scheduled on 20.01.2025. 2.

The Petitioner i.e., Puran Singh is undergoing life imprisonment in FIR No. 237/2014 registered under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) at Police Station Kapashera, Delhi.

3.

Notice in this matter was issued on 20.12.2024 and the status report dated 06.01.2025 has been received from the Superintendent, Central Jail. In addition, the status report has also been filed by the Station House Officer ('SHO'), Police Station Kapashera, which is dated 03.01.2025. 4.

The Nominal Roll effective 07.11.2024 has also been handed over by the Learned Additional Standing Counsel (ASC) appearing for the State. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.1 He states that as per the status report dated 03.01.2025, the averment in the petition with respect to the scheduled wedding of the Petitioner on 20.01.2025 has been verified.

4.2 He states that the Petitioner was also granted parole in the month of February, 2023 and April, 2024 by this Court and the Petitioner has duly surrendered at Jail on the expiry of the parole. 5.

Learned counsel for the Petitioner states that the Petitioner undertakes that he will not approach the victim or the victim's family or go anywhere in the vicinity of the neighborhood area of Kapashera, where the victim and victim's family still reside.

6.

In view of the aforesaid facts, this Court is of the opinion that the Petitioner is entitled to grant of parole of four (4) weeks. 7.

Accordingly, Petitioner is granted parole of four (4) weeks on furnishing a personal bond in the sum of Rs. 10,000/- with one (1) surety bond of the like amount, subject to the satisfaction of the Jail Superintendent, further subject to the following conditions:- i.

The Petitioner will not leave the country without prior permission of the Court.

ii.

The Petitioner shall not leave the National Capital Territory of Delhi during the period of parole, without the prior permission of this Court. iii.

During the period the Petitioner remains out on parole, the petitioner shall report to the SHO, Police Station Sangam Vihar, Delhi every Sunday between 10:00 AM to 11:00 AM, and will not be kept waiting for more than an hour.

iv.

Petitioner shall provide to the SHO, Police Station Sangam Vihar all mobile numbers, which shall be kept in working condition at all times The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and shall not be switched off. The mobile number provided shall not be changed without prior intimation to the IO concerned. v.

The Petitioner shall also provide the said mobile number to the Jail Superintendent.

vi.

The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family. vii.

The Petitioner is directed to surrender before the jail authorities at the expiry of the period of parole.

8.

The SHO, Police Station Kapashera is directed to forthwith give information in the writing to the victim and the victim's family with respect to the grant of parole. The concerned SHO is directed to provide his number as well as the number of the Beat Constable to the victim and her guardian, who can be contacted by the victim or the victim's guardian in case of any apprehension of threat 9.

With the aforesaid directions, the petition stands allowed. 10.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

11.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J JANUARY 10, 2025/rhc/sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.