Ashraf Khan v. State

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ASHRAF KHAN ..... Petitioner Through:

Ms.Aishwarya Rao, Advocate versus STATE ..... Respondent Through:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, St.Counsel (Crl.) for the State with ASI Yasin Khan PS Crime Branch

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 04.12.2017 1.

By way of this writ petition filed under Article 226/227 of the Constitution of India read with Section 482 of Cr.P.C., Petitioner is seeking parole for a period of three months on the ground of arranging necessary finance for the medical treatment of his father as well as his sister's marriage which is going to be solemnized on 16th December, 2017. 2.

Status report on behalf of the State has been filed verifying the address of the Petitioner 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.18/184/2014/HG/4658 dated 25th August, 2017.

4.

Learned counsel for the petitioner 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.

Learned ASC for the State submits that address of the Petitioner as well as factum of the marriage of the sister of the petitioner on 16th December, 2017 has been verified and appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 6.

Considering the facts and circumstances 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 medical treatment of his father as well as his sister's marriage and he is permanent resident of Village Rahzla Nagiya, PS Meer Ganj, District Bareilly, U.P., he shall keep the SHO/Duty Officer, P.S. Crime Branch, 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.

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.

DECEMBER 04, 2017 'pg'