Jasbir Kaur @ Chanderpal Kaur v. State

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JASBIR KAUR @ CHANDERPAL KAUR ..... Petitioner Through:

Mr.Nitish Chaudhary, Advocate for Mr.Chetan Lokur, Advocate versus STATE ..... Respondent Through:

Ms.Kamna Vohra, ASC for the State with SI Sukhbir Singh PS Adarsh Nagar

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 13.01.2016 1.

This is a writ petition filed by the Petitioner from jail praying for grant of parole for a period of three months for the purpose of filing SLP and to console the family in the event of death of her father as well as to reestablish social ties. 2.

Status report has been filed by the State 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.18/313/2015/HG/4297 dated 4th September, 2015. 4.

Learned counsel for the Petitioner further submits that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also includes the ground of filing of a Special Leave Petition before the Supreme

Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be. He further submits that in the present case also, the Petitioner is seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the present Petitioner may be granted parole for the said purpose. The said guideline reads as under:- "9.7 To pursue the filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be." 5.

Learned counsel for the Petitioner further submits that the Petitioner undertakes to abide by any condition deemed fit by this Court while considering her prayer.

6.

Nominal roll of the Petitioner is already placed on record, perusal of which shows that the conduct of the Petitioner, during the period of incarceration, has been 'Satisfactory'.

7.

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

8.

Considering the facts and circumstances of the case and the fact that the Petitioner is seeking parole for the purpose of filing SLP before the Supreme Court, which is permissible under the guidelines, the prayer for grant of parole is allowed and the Petitioner is granted parole for a period of four weeks from the date of her release to enable her to file SLP in the Hon'ble Supreme Court, on her 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) During the period of parole, the Petitioner shall report to the Duty Officer, P.S. Adarsh Nagar, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Adarsh Nagar, Delhi informed about her place of residence in Delhi and her 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 she shall not cross the border and try to contact the witnesses in any manner whatsoever.

(iv) The Petitioner shall submit proof of filing of the Special Leave Petition to the SHO, P.S. Adarsh Nagar, Delhi with the name of counsel who filed the SLP.

(v) While submitting the bail bond, she will furnish to the Jail Superintendent the address of the place where she would reside in Delhi during the period of parole as well as the contact numbers. 9.

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 along with the particulars of the SLP filed by the Petitioner before the Supreme Court. 10.

Writ Petition stands allowed in the above terms. 11.

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

Order dasti.

PRATIBHA RANI, J.

JANUARY 13, 2016/'pg'