Mohinder Sharma v. State

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHINDER SHARMA ..... Petitioner Through:

Ms.Suman Chouhan & Mr.Jivesh Tiwari, Advocates versus STATE ..... Respondent Through:

Ms.Kamna Vohra, A.S.C. for the State with Inspector Satya Prakash PS Saraswati Vihar

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 11.05.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of two months on the ground of re-connecting social ties with his family and society.

2.

Heard. Status report has also been filed by the State verifying the address of the petitioner i.e. A-289, Village Siraspur, Samaipur Badli, Delhi to be correct.

3.

Learned counsel for the Petitioner submits that as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties'.

4.

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.

5.

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. Saraswati Vihar, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Saraswati Vihar, 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 remain in Delhi and he 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. 6.

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.

7.

Writ Petition stands allowed in the above terms. 8.

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

9.

It is made clear that the Petitioner shall avail the benefit of parole granted herein above in case FIR No.249/09 under Sections 302/394/397 IPC & Section 25/27 of Arms Act, PS Saraswati Vihar only if he is on bail in other cases or is otherwise eligible to be released. Order dasti.

PRATIBHA RANI, J.

MAY 11, 2016 'pg'