Dharambir v. State

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DHARAMBIR ..... Petitioner Through:

Mr.Sumeet Verma & Mr.Amit Kala, Advocates versus STATE ..... Respondent Through:

Ms.Richa Kapoor, ASC for the State with Mr.Ashish Aggarwal, Advocate with SI Anand Kumar PS Mehrauli

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 12.01.2016 1.

This is a writ petition filed on behalf of the Petitioner seeking parole for the purpose of looking after of his old ailing mother and re-establishing social ties.

2.

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.18/202/2011/HG/3144 dated 10.07.2015.

3.

Learned counsel for the Petitioner submits that the petitioner is seeking parole 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'. Learned counsel for the petitioner prays for grant of parole to the Petitioner to enable him to

reconnect social ties.

4.

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. 5.

Learned counsel for the Petitioner submits that though as per the nominal roll of the Petitioner dated 5th September, 2015, the overall jail conduct of the Petitioner has been given as 'satisfactory'. 6.

On behalf of the State, it has been submitted by learned Addl. 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.

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 Rs.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. Mehrauli, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S.Mehrauli, 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 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 he shall not cross the border and try to contact the witnesses in any manner whatsoever.

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

JANUARY 12, 2016/'pg'