Tayyab Alam v. State

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TAYYAB ALAM ..... Petitioner Through:

Mr.Ajay Verma and Ms.Manjeeta Kumari, Advocates.

versus STATE ..... Respondent Through:

Mr.Sanjay Lao, A.S.C. for the State with ASI Devender Kumar, PS Uttam Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 17.02.2016 1.

In compliance of order dated 10.02.2016, report has been received from the concerned Jail Superintendent that co-convict Gyan Chand @ Kalu has surrendered on 12.02.2016.

2.

By way of this writ petition filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., Petitioner is seeking parole for a period of three months on the ground of re-establishing social ties. 3.

Status report has already been filed by the State verifying the address of the Petitioner to be correct.

4.

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.18/60/2012/HG/5511 dated 04.11.2015.

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' and prays for grant of parole to the Petitioner. 6.

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. 7.

As per nominal roll, the overall jail conduct of the Petitioner as well As his jail conduct in last one year is mentioned as 'Satisfactory'. 8.

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 ` 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 AM. (ii) The Petitioner shall keep the SHO, P.S. Uttam Nagar, 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 Delhi border or 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. 9.

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. 10.

Writ Petition stands allowed in the above terms. 11.

The Petitioner be informed through the Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

FEBRUARY 17, 2016 'st'