Gyanshree v. State

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GYANSHREE ..... Petitioner Through:

Ms.Rakhi Dubey, Advocate with petitioner in person versus STATE ..... Respondent Through:

Mr.R.S.Kundu, ASC for the State with Mr.Vishesh Wadhwa & Mr.Ankit Kumar Gulia, Advocates with SI Ramesh Kumar PS Sultan Puri

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 14.01.2016 1.

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 for getting admission of her younger son in boarding school and to maintain social ties with the society. 2.

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

3.

Ms.Rakhi Dubey, learned counsel for the petitioner submits that in the nominal roll her conduct has been referred to as unsatisfactory. It was due to the reason that in column No.15 of the nominal roll one nose pin and two pairs of toe ring were recovered during the search on 26th March, 2015. She further informs that except the recovery of these two things which were

recovered from her because of her ignorance in this regard. There is no other unsatisfactory conduct.

3.

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.18/260/2014/HG/5492 dated 4th November, 2015. 4.

Learned counsel for the Petitioner 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 her to reconnect social ties.

5.

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. 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 her release, on her 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) Since the petitioner is being granted parole for the purpose of reestablishing social ties and she is permanent resident of H.No.5, MohallaLakhna Pur Khem, District Auraiya, U.P., the Petitioner shall keep the SHO/Duty Officer, P.S. Sultan Puri, Delhi informed about her place of residence in Delhi as well as her place of residence in her native town and her contact numbers i.e. mobile, landline or both. She shall further inform

the SHO/Duty Officer, P.S. Sultan Puri, Delhi as to the period for which she shall be staying in her native town.

(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 her native town.

(iii) While submitting the bail bond, she will furnish to the Jail Superintendent the address and the contact numbers of the place where she would reside in Delhi and in her native place i.e H.No.5, Mohalla-Lakhna Pur Khem, District Auraiya, U.P., 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.

A copy of this order be sent to the concerned jail for compliance. Order dasti.

PRATIBHA RANI, J.

JANUARY 14, 2016 'pg'