Parminder Kaur v. State (Govt Of NCT Of Delhi)
$~29 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1700/2015 PARMINDER KAUR ..... Petitioner Through Mr.Rohit Gupta & Mr.Ajay Pratap Singh, Advs.
versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through Mr. Sanjay Lao, ASC for the State SI Shamsudeen PS Defence Colony.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 24.08.2015 The petitioner is in jail since 2007 pursuant to her conviction under section 302/201/34 of the IPC in FIR No.594/2007. A prayer was made by her on 06.06.2015 to the competent authority to release her on parole for three months as she is required to marry somebody for re-establishing family and social ties. The aforesaid prayer has not been acted upon by the competent authority as yet. Hence, this petition.
In the present petition, the marriage invitation card has been annexed which shows that the marriage was initially fixed for 19.08.2015. An objection was raised by learned Additional Standing Counsel, with regard to the release of the petitioner on parole, on the ground that the venue of the marriage has not been fixed. The petitioner was, therefore, asked to apprise
the Court whether there has been any booking in gurdwara for the marriage ceremony.
An affidavit sworn by mother of the prospective groom has been filed along with invitation card today.
It has been submitted by her that no booking is required in any gurdwara and only after the marriage ceremony, certificate of marriage is given by the gurdwara. The petitioner is to marry one Mangat Singh, resident of Amritsar, who is a divorcee. The new date of marriage is 01.09.2015. The brother of the Mangat Singh, who is present in the Court room, informs the Court that Mangat Singh has come to know about the petitioner when she came out of jail on parole on an earlier occasion.
Mr. Sanjay Lao, learned Additional Standing Counsel, has stated that the petitioner stands convicted for murder of her husband by taking aid of her paramour. The paramour of the petitioner is also in jail. Considering the fact that the petitioner has two sons and one daughter who require a father figure and that Mr.Mangat Singh has agreed to marry her, this Court is inclined to grant parole to the petitioner for a specified period of 30 days from the date of her release. The petitioner is directed to be released on parole for a period of 30 days from the date of her release on her furnishing a personal bond in the sum of Rs.25,000/- with two sureties of like amount, one such surety to be a close family member, to the satisfaction of the Trial Court, subject to the following conditions:- a) The petitioner, on her release would immediately inform the SHO of the concerned police station and would keep the police station informed about her movements.
b) The petitioner shall not engage herself in any unlawful activity. c) The petitioner shall surrender before the jail authorities on or before the expiry of the said period of parole. d) The petitioner shall furnish her mobile telephone number and the mobile telephone number of both the sureties and her mother to the SHO of the concerned police station so that in case of necessity she could be tracked and her whereabouts could be ascertained. In case, the petitioner flouts any one of the conditions, an application could be moved by the SHO for cancellation of her parole and for taking of coercive steps for securing her attendance.
With these observations, the petition is disposed of. Dasti under the signatures of the Court Master. Order be communicated to the petitioner through Jail Superintendent. ASHUTOSH KUMAR, J AUGUST 24, 2015 ab