Shiv Kumar @ Pappi v. State

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHIV KUMAR @ PAPPI ..... Petitioner Through:

Mr.Ajit Sharma, Mr.Mayank Aggarwal and Mr.Hemant Kumar, Advocates.

versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, A.S.C. for the State with Insp. S.K. Jha, PS Kamla Market.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 19.05.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground of arranging funds for admission of his daughter in another school as well as for re-connecting social ties with his family and society.

2.

Heard.

3.

Learned counsel for the Petitioner submits that the petitioner is seeking parole for arranging funds and getting his daughter shifted to another school as the school in which the daughter of the petitioner is studying is upto 5th Standard and she has given exams of 5th Standard this year. Learned counsel for the petitioner submits that apart from that, the petitioner also wants to maintain social ties with his family and society and

as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties'. Learned counsel for the petitioner prays for grant of parole to the Petitioner. 4.

Status report has been filed by the State verifying the address of the petitioner to be correct. It is also mentioned in the status report that daughter of the petitioner was studying in Babu Ram Happy School, Kucha Baghi Ram, Sita Ram Bazar and she has given exams of 5th Standard. The said school is upto 5th Standard and the daughter of the petitioner needs to be shifted to some other school for higher class. 5.

As per nominal roll, the jail conduct of the Petitioner in last one year is mentioned as 'Satisfactory'.

6.

Considering the facts and circumstance 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 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. Kamla Market, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Kamla Market, 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 borders of Delhi.

(iv) During the period of parole, the petitioner shall not try to contact the witnesses in any manner 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. 7.

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. 8.

Writ Petition stands allowed in the above terms. 9.

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

Order dasti.

PRATIBHA RANI, J.

MAY 19, 2016 'st'