Darshana v. State

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DARSHANA ..... Petitioner Through:

Mr.Saurabh Kansal and Ms.Pallavi S.

Kansal, Advocates.

versus STATE ..... Respondent Through:

Mr.Rahul Mehra, St.Counsel for the State with SI Rajpal, PS Uttam Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 09.03.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground of re-constructions of third floor of the house as well as for maintaining social ties with her family and society.

2.

Status report has been filed by the State verifying the address of the petitioner to be correct as well as the fact that third floor of the house is not properly constructed.

3.

Learned counsel for the petitioner submits that the petitioner is seeking parole mainly on the ground that the husband of the petitioner wants to reconstruct the third floor of the house, which is not properly constructed, and petitioner wants to remain present with the family at the time of construction. Learned counsel for the Petitioner further submits that

another ground for seeking parole is to maintain social ties and 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 subject to such conditions as deemed fit by this Court.

4.

Learned Standing Counsel for the State submits that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 5.

As per nominal roll, the overall jail conduct of the Petitioner as well as jail conduct in last one year is mentioned as 'Satisfactory'. 6.

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 her release, on her 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. Uttam Nagar, Delhi on every Monday at 10.00 AM. (ii) The Petitioner shall keep the SHO, P.S. Uttam Nagar, Delhi as well as concerned Jail Superintendent informed about her place of residence in Delhi and her contact numbers i.e. mobile, landline or both. (iii) During the period of parole, the Petitioner shall not cross Delhi border.

(iv) During the period of parole, the petitioner shall not try to contact the witnesses in any manner whatsoever.

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 as well.

PRATIBHA RANI, J.

MARCH 09, 2016 'st'