Durgesh Jha v. State (NCT) Of Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DURGESH JHA ..... Petitioner Through:

Mr.B.S.Chowdhary & Ms.Sneh Lata Rana, Advocates versus STATE (NCT) OF DELHI ..... Respondent Through:

Ms.Kamna Vohra, ASC for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 27.11.2017 1.

This petitioner has been filed by the petitioner under Article 226 of the Constitution of India, read with Section 482 Cr.P.C. seeking furlough/parole for a period of two months to maintain social ties with family and society.

2.

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.18/230/2017/HG/5986 dated 7th November, 2017.

3.

Counsel for the petitioner submits that the petitioner is 28 years old and having a four years old son. He has to arrange for requirements of his son in civic department as well as to maintain social ties and interaction with the relatives and familiar persons.

4.

Learned APP for the State submits that the address of the petitioner has already been verified and appropriate orders may be passed. 5.

Nominal role of the Petitioner dated 23rd November, 2017 is already

on record, perusal of which reveals that as on 23rd November, 2017 the petitioner has undergone 3 years 2 months and 16 days of sentence out of the total sentence of 10 years awarded to the petitioner. 6.

Considering the facts and circumstances of the case, the prayer of the petitioner for grant of parole is allowed and the petitioner is granted parole for a period of four weeks from the date of his release to enable him to maintain social ties with the family and society, on his furnishing personal bond in the sum of Rs.25,000/- 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 Aman Vihar on every Monday at 10:00 AM. (ii) The petitioner shall keep the SHO, P.S. Aman Vihar, 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 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 try to contact the witness in any manner whatsoever.

(iv) While submitting the bail bond, he will furnish to the concerned Jail Superintendent, the address of the place where he would reside in Delhi during the period of parole and his contact number. 7.

It is, however, made clear that on expiry of the parole period of four weeks, 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.

NOVEMBER 27, 2017 'hkaur'