Mohd Nadeem v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3388/2017 MOHD NADEEM ..... Petitioner Through: Mr. Anurag Jain, Ms. Ayushi Sharma, Advs.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through: Ms. Srilina Roy, Adv. on behalf of Ms. Nandita Rao, ASC for the State with SI Rishi Sharma, P.S. Jamia Nagar, Delhi.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 12.12.2017 The petitioner seeks parole for a period of 3 months to complete the mandatory period of 'field practicals'. It is stated that a minimum of 75 days' of social work practical is to be undertaken under the guidance and supervision of the appointed Field Expert. The petitioner is pursuing a Masters' Degree (MSW) in social work from Indira Gandhi National Open University (IGNOU). It is stated that Field Work Practicum is a necessary component of the course, and it would commence as soon as the petitioner is released on parole. The petitioner is undergoing a sentence of rigorous imprisonment for a period of seven years, of which 5 years and about

8 months has already been undergone by the petitioner and he has earned a remission period of around 6 months and 25 days. Effectively, the unexpired period is about 9 months. The petitioner's conduct in jail is satisfactory, where he is working as a Legal Sahayak.

The Status Report filed by the State has verified that the petitioner is pursuing a Master's degree in Social Work from IGNOU where field work for 45 days is compulsory to complete 1st year of MSW programme and without it the second year practicum would not commence.

The Status Report mentions only mandatory period and not the desirable period i.e. 75 days. In the pursuit of an academic course, the minimum days for field work should not be objective. The desirable objective would be the maximum time that can be spent in field work so as to equip the student with hands-on experience and expertise.

Depriving him of the opportunity to gain the requisite experience and to meet the mandatory field practical requirement, would be unjust.

Therefore, for the said field work, the petitioner is released on parole for a period of three months, from the date of his release, on his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent concerned, subject to the following conditions: (1) The petitioner shall report to the SHO, concerned Police Station once a week on every Tuesday during the period of parole; (2) the petitioner shall furnish to the SHO concerned his mobile

telephone number, which shall be kept operational at all times; (3) the petitioner shall not leave the territory of NCT of Delhi; (4) the petitioner shall surrender before the jail authorities at the expiry of the period of parole.

The petition stands disposed off in the above terms. The Status Report is taken on record.

A copy of this order be sent to the Jail superintendent concerned and a copy be also served through the police. A copy of this order be given Dasti, to the learned counsel for the parties under the signatures of the Court Master. NAJMI WAZIRI, J DECEMBER 12, 2017/acm