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High Court of DelhiW.P.(CRL)/1335/2016

Tej Pal Singh v. The State ( Govt Of NCT Of Delhi)

2016-05-06Hon'Ble Ms. Justice Pratibha Rani3 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEJ PAL SINGH ..... Petitioner Through:

Mr.Suraj Rathi and Mr.Siddharth Singh, Advocates.

versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Rahul Mehra, Standing Counsel for the State with Mr.Aditya Swarup Agarwal, Adv. with SI Bishambar Dayal, PS Connaught Place.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 06.05.2016 1.

By filing the present application under Article 226 of the Constitution of India, read with Section 482 Cr.P.C., the Petitioner is seeking grant of parole for a period of one month on the ground of attending 'tehrvi' of his elder brother which is to be performed on 8th May, 2016. 2.

Heard. Status report has also been filed by the State. 3.

Learned counsel for the Petitioner submits that he has been convicted in case R.C. No. 10(S)/97/SIU-V/SIC-II/CBI/New Delhi, Under Sections 302/307/193/201/120-B IPC and sentenced to undergo life sentence. The Petitioner has undergone 11 years and 7 months in judicial custody as on 05.05.2016. 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'. Learned counsel for the petitioner prays for grant of parole to the Petitioner to enable him to attend 'tehrvi' of his elder brother which is to be performed on 8th May, 2016.

4.

As per nominal roll, the overall jail conduct of the Petitioner as well as jail conduct in last one year is mentioned as 'Satisfactory'. 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 two 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) The Petitioner shall report on every Monday at 11 AM to the Duty Officer of the concerned Police Station/Police Post under the jurisdiction of which, the Petitioner shall stay during the period of parole. (ii) The Petitioner shall keep the SHO, P.S. Connaught Place, Delhi informed about his place of residence in Delhi as well as 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 try to contact the witnesses in any manner whatsoever.

(iv) While submitting the bail bond, he will furnish to the Jail Superintendent the address of the place where he would reside in Delhi and his native town 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.

Copy of the order be given dasti under the signatures of the Court Master.

PRATIBHA RANI, J.

MAY 06, 2016 'hkaur'