Pawan Kumar v. State

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PAWAN KUMAR ..... Petitioner Through: Mr.Harsh Prabhakar and Mr.Anirudh Tanwar, Advocates versus STATE ..... Respondent Through:

Ms.Nandita Rao, A.S.C. for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 10.03.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground to get appropriate medical treatment to his old aged mother as well as for maintaining social ties with his family and society.

2.

Learned counsel for the petitioner submits that the petitioner is seeking parole mainly on the ground that the petitioner wants to get appropriate medical treatment for his old aged mother. 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'. 3.

It is mentioned in the petition 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.18/142/2013/HG/4547 dated 15.09.2015.

4.

Learned Addl. 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.

Nominal roll of the petitioner is already placed on record, perusal of which shows that the conduct of the petitioner in last one year is mentioned as 'Satisfactory'.

6.

Considering the facts and circumstance of the case and that petitioner is seeking parole for the purpose of getting treatment for his old aged mother and reconnecting social ties, which is permissible under the guidelines, the prayer for grant of parole for a period of four weeks from the date of his release, on his 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. Sangam Vihar, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Sangam 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 the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(iii) The petitioner shall not try to contact or influence the complainant/witnesses.

(iv) During the period of parole, the Petitioner shall not cross Delhi border.

(v) 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.

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.

PRATIBHA RANI, J.

MARCH 10, 2016 'st/da'