Surender Prasad Singh v. State

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1672/2015 SURENDER PRASAD SINGH ..... Petitioner Through:

Ms. Rakhi Dubey, Adv.

versus STATE ..... Respondent Through:

Mr.R.S. Kundu, ASC for the State with Mr. Ankit Gulia & Mr. Vishesh Wadhwa, Advs.

Inspector Uma Bhardwaj, P.S. Delhi Cantt

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 23.11.2015 The prayer of the petitioner for being released on parole for paying oblations to his departed father and for re-establishing social ties was rejected by the competent authority on 30.6.2015. The rejection of such prayer was primarily on the ground that the petitioner was convicted for burning alive two persons. One of the guidelines governing the grant of parole and furlough is that only under special circumstances, can a convict of multiple murders be released on parole. The competent authority has also found, on the apprehension of the police, that the release of the petitioner on parole would disturb the peace and tranquillity in that area. Learned counsel for the petitioner, with respect to nominal roll, has drawn the attention of this Court to the overall conduct of the petitioner,

which has been held to be satisfactory and that no labour has been allotted to him in jail because of his old age. The petitioner has remained in jail for about 7 years and on earlier occasions when he was released on parole or furlough, nothing adverse was reported against him. Considering the aforementioned facts, the petitioner is directed to be released on parole for a period of 30 days from the date of his release on his furnishing a bond in the sum of Rs.5,000/- with one local surety of the like amount, to the satisfaction of the Trial Court. The aforesaid release shall be subject to the following conditions:

i.

That immediately after his release, the petitioner would inform the SHO of the concerned police station about his plans for going to his home town and his tentative place of stay. ii.

The petitioner shall furnish his mobile telephone number and the mobile number of the surety to the superintendent of the concerned police station.

iii.

The petitioner after reaching his home town would inform about his arrival and will get his presence marked with the Station House Officer of the concerned police station in whose territorial jurisdiction his home is situated. He shall keep the aforesaid SHO informed about his movement in his home town, preferably every alternate day.

iv.

The petitioner would not engage himself in any unlawful activity.

v.

The petitioner would positively surrender before the jail authorities on or before the date when the period of parole expires.

In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of his parole and for taking of coercive steps for securing his attendance.

With these observations, the petition is disposed of. Order be communicated to the petitioner through Jail Superintendent. A copy of this order be communicated to the Superintendent of the concerned Jail for information and compliance. ASHUTOSH KUMAR, J NOVEMBER 23, 2015 ns