Baldev Singh v. State

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BALDEV SINGH ..... Petitioner Through:

Ms. Rakhi Dubey, Advocate versus STATE ..... Respondent Through:

Mr. Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, St.Counsel for the State Mr. Satish Aggarwala, Sr. Advocate for R-2/DRI

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 10.02.2016 1.

The present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. by the Petitioner for seeking parole for a period of three months on the ground of re-connecting social ties with his family and society.

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.18/195/2011/HG/5245 dated 21.10.2015 which has been annexed as Annexure-A in the present petition.

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 has been 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.

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 circumstances 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 local surety (of local address which shall be verified by the concerned Jail Superintendent before releasing the petitioner) of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) Since the petitioner is resident of Barnai, P.O. Muthi PS Domana District, Jammu (J&K) and is seeking parole to reconnect social ties, the Petitioner shall keep the SHO/Duty Officer, P.S. DRI, Delhi informed about his place of residence in his native town and his contact numbers i.e. mobile, landline or both.

(ii) The Petitioner shall report on every Monday at 11 AM to the Duty Officer of the concerned Police Station/Police Post under the jurisdiction of which, the Petitioner shall stay during the period of parole in his native town.

(iii) While submitting the bail bond, he will furnish to the Jail Superintendent the address and the contact numbers of the place where he would reside in his native town i.e., Barnai, P.O. Muthi PS Domana District, Jammu (J&K), during the period of parole.

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.

FEBRUARY 10, 2016 'aky'