Atma Ram v. State

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ATMA RAM ..... Petitioner Through:

Mr.Ankur Sood & Mr.Kaushik Mishra, Advocates versus STATE ..... Respondent Through:

Mr.Rahul Mehra, St.Counsel for the State with Mr.Shekhar Budakoti, Advocate with Bijender SI A/C Branch GNCT of Delhi

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 30.03.2016 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 child in good school and for re-connecting social ties with the family and society.

2.

Notice. Mr.Rahul Mehra, Standing Counsel for the State accepts notice of this writ petition and furnishes the status report. 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.18/71/2015/HG/1003 dated 25th February, 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 Standing Counsel 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 remain in Delhi and he shall not cross the border/limits of NCT of Delhi. (ii) 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.

(iii) 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 30, 2016 'pg'