Shankar Singh v. State

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHANKAR SINGH ..... Petitioner Through:

Mr.Ajay Verma, Advocate.

versus STATE ..... Respondent Through:

Mr.Ashish Negi, Advocate for Ms.Richa Kapoor, ASC for the State with SI Ajay Kumar, PS Kirti Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 07.11.2017 1.

By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., Petitioner is seeking parole on the following grounds :- (i) to arrange funds for his aged parents to meet day to day needs. (ii) to arrange funds for marriage of his two younger sisters. (iii) to re-establish social ties with family and society. 2.

Status report has been filed by the State verifying the permanent address of the petitioner i.e. Village Jaunapur, PS Rasalpur (New) P.S. Patauri (Old) District Samastipur, Bihar, to be correct. 3.

Learned counsel for the Petitioner submits that the Petitioner had made representation to the Respondent/State praying for grant of parole which has been rejected by the Respondent vide order No.F.18/88/2015/HG/4777 dated 30th August, 2017.

4.

Learned counsel for the Petitioner submits that petitioner is seeking parole for arranging funds for marriage of his younger sister and also for maintaining social ties. Learned counsel further submits that as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties' and prays for grant of parole to the Petitioner.

5.

On behalf of State, it is submitted that appropriate order may be passed keeping in view Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 6.

As per nominal roll, jail conduct of the petitioner in last one year is mentioned as 'Satisfactory'.

7.

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 ` 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 being granted parole for the purpose of reestablishing social ties and he is permanent resident of Village Jaunapur, PS Rasalpur (New) P.S. Patauri (Old) District Samastipur, Bihar, he shall keep the SHO/Duty Officer, P.S. Kirti Nagar, Delhi informed about his place of residence during the period of parole and his contact numbers i.e. mobile, landline or both.

(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) While submitting the bail bond, he will furnish to the Jail Superintendent the address and the contact numbers of the place where he would reside during the period of parole.

(iv) The petitioner shall not try to contact or influence the complainant/witnesses.

8.

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. 9.

Writ Petition stands allowed in the above terms. 10.

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

Order dasti.

PRATIBHA RANI, J.

NOVEMBER 07, 2017 'st'