Kishan Lal v. State

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KISHAN LAL ..... Petitioner Through :

Mr.Jivesh Tiwari, Advocate.

versus STATE ..... Respondent Through :

Mr.Rahul Mehra, Standing Counsel for the State.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 01.03.2016 Crl.M.A.No.3653/2016 1.

Learned Standing Counsel for the State, on instructions, submits that address of the petitioner as well as factum of marriage of niece of the petitioner to be solemnised on 05th March, 2016, are verified. 2.

By way of this application, the petitioner has sought early hearing of the writ petition seeking parole.

3.

Application is allowed.

1.

The present petition has been filed by the Petitioner seeking parole for a period of three months on the ground of providing medical treatment to his ailing wife, for repairing his house and also for re-connecting social ties with his family.

2.

During the pendency of the writ petition, the petitioner moved

Crl.M.A. No.3653/2016 for early hearing of the matter taking additional ground for seeking parole i.e. to enable him attend the marriage of his niece namely Bhawna to be solemnised on 05th March, 2016. 3.

As recorded above, the address of the petitioner as well as factum of marriage of niece of the petitioner to be solemnised on 05th March, 2016 have been verified by the State.

4.

Learned Standing Counsel for the State submits that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 5.

As per nominal roll, the jail conduct of the Petitioner in last one year as well as overall jail conduct is mentioned as 'Satisfactory'. Perusal of the nominal roll of the petitioner further reveals that earlier also the petitioner has availed furlough (four times) by order of DG(P) and parole by order of this Court.

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) Since the petitioner is resident of Pana Birwan, Village NAhara, PS Kundli, District Sonepat, Haryana, he shall keep the SHO/Duty Officer, P.S. Civil Lines, Delhi informed about his place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. 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.

(ii) 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 in his native town.

(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 place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. 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.

10.

Date 17th March, 2016 already fixed in the matter stands cancelled. Order dasti.

PRATIBHA RANI, J.

MARCH 01, 2016 'st'