Anil v. State

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL ..... Petitioner Through: Mr.Jivesh Tiwari, Advocate.

versus STATE ..... Respondent Through:

Mr.Rahul Mehra, St. Counsel with Mr.Jamal Akhtar, Advocate for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 04.02.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground of settling property dispute between him and his brothers as well as to maintain social ties with his family and society.

2.

Learned counsel for the Petitioner submits that he has been convicted in case FIR No.170/2010 under Section 392/397 IPC & 27/54/59 Arms Act PS Ranjit Nagar, Delhi and sentenced to undergo RI for Seven Years and fine. He further submits that the petitioner has already undergone almost five years in custody.

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'. Learned counsel for the petitioner prays for grant of parole to the Petitioner to enable him to settle property dispute between

convict and his four brothers as well as to re-establish social ties with his family and society.

4.

It is submitted by learned Standing Counsel for the State that since the petitioner is asking parole for maintaining social ties, which is allowed as per parole/furlough guidelines, appropriate orders may be passed by the Hon'ble Court.

5.

As per nominal roll, the overall jail conduct of the Petitioner is mentioned as 'Satisfactory'. The Petitioner has undergone four years eleven months twenty one days in judicial custody and has earned remission of one year four months and seven days 6.

Considering the facts and circumstance 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 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) During the period of parole, the Petitioner shall report to the Duty Officer, P.S.Ranjit Nagar, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Ranjit Nagar, 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 and not try to contact the witnesses in any manner whatsoever.

7.

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. 8.

Writ Petition stands allowed in the above terms. 9.

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

Order dasti.

PRATIBHA RANI, J.

FEBRUARY 04, 2016 'aky/da'