Himmat v. State

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HIMMAT ..... Petitioner Through:

Ms.Rakhi Dubey, Advocate 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

% 01.02.2016 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-connecting social ties with his family and society.

2.

Notice. Learned ASC accepts notice on behalf of State. 3.

Heard. Status report has also been filed by the State. 4.

Learned counsel for the Petitioner submits that he has been convicted in case FIR No.139/2000 under Section 302/364/120B/34 IPC, PS Najafgarh, Delhi and sentenced to undergo life imprisonment. The Petitioner has undergone nine years five months thirteen days in judicial custody. 5.

Learned counsel for the Petitioner 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 settle property dispute between convict and his two brothers as well as to re-establish social ties with his family and society.

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 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. Najafgarh, Delhi on every Monday at 10 AM. (ii) The Petitioner shall keep the SHO, P.S. Najafgarh, 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 not 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. 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.

FEBRUARY 01, 2016 PRATIBHA RANI, J.

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