W.P.(CRL)/468/2016 of OMPRAKASH Vs STATE

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 468/2016

OMPRAKASH ..... Petitioner Through: Mr.Sumeet Verma, Advocate with Mr.Amit Kala, Advocate. Through: Mr.Sumeet Verma, Advocate with Mr.Amit Kala, Advocate.

versus

STATE

..... Respondent Through: Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for the State with SI Puneet Grewal, PS Swaroop Nagar. Mr.Rahul Mehra, Standing Counsel for the State with SI Puneet Grewal, PS Swaroop Nagar.

CORAM:HON’BLE MS. JUSTICE PRATIBHA RANI

O R R08.04.2016

1. This is petition under Article 226 of the Constitution read with Section 482 Cr.P.C. filed by the Petitioner from Jail seeking parole for period of three months to enable him to file SLP before the Hon’ble Supreme Court and to maintain social ties.

2. Status report has been filed by the State verifying the address given in the memo of parties i.e. H.No.113, Soorajpur (Tekri), Aurangabad, Bulandshehar, U.P. where sister of the Petitioner alongwith her family was found residing.

3. Learned counsel for the Petitioner submits that the Petitioner had

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made representation to the Respondent/State praying for grant of parole which has been rejected by the Respondent vide order No.F.18/438/2014/HG/150 dated 12.01.2016.

4. Learned counsel for the Petitioner further submits that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also includes the ground of filing of Special Leave Petition before the Supreme Court of India against judgment delivered by the High Court convicting or upholding the conviction, as the case may be. He further submits that in the present case also, the Petitioner is seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the present Petitioner may be granted parole for the said purpose. The said guideline reads as under:-

“9.7 To pursue the filing of Special Leave Petition before the Supreme Court of India against judgment delivered by the High Court convicting or upholding the conviction, as the case may be.”

5. Learned counsel for the Petitioner further submits that the Petitioner undertakes to abide by any condition deemed fit by this Court while considering his prayer.

6. On behalf of the State, it has been submitted that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi.

7. Nominal roll of the Petitioner has also been placed on record, perusal of which shows that the conduct of the Petitioner, during the period of W.P.(CRL) 468/2016 Page 2 of 4

incarceration, has been ‘Satisfactory’.

8. Considering the facts and circumstances of the case and the fact that the Petitioner is seeking parole for the purpose of filing SLP before the Supreme Court, which is permissible under the guidelines, the prayer for grant of parole is allowed to the extent that the Petitioner is granted parole for period of four weeks from the date of his release to enable him to file SLP in the Hon’ble Supreme Court, 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) Since the petitioner is being granted parole for the twin purpose of filling SLP before the Hon’ble Supreme Court and re-establishing social ties and he is has given his address as H.No.113, Soorajpur (Tekri), Aurangabad, Bulandshehar, U.P., the Petitioner shall keep the SHO/Duty Officer, P.S. Swaroop Nagar, Delhi informed about his place of residence in Delhi as well as his place of residence in his native town and his contact numbers i.e. mobile, landline or both. He shall further inform the SHO/Duty Officer, P.S. Swaroop Nagar, Delhi as to the period for which he shall be staying in his 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 his native town.

(iii) The Petitioner shall submit proof of filing of the Special Leave Petition to the SHO, P.S.Swaroop Nagar, Delhi with the name of counsel who filed the SLP. W.P.(CRL) 468/2016 Page 3 of 4

(iv) 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 Delhi and at the address given in the memo of parties i.e. H.No.113, Soorajpur (Tekri), Aurangabad, Bulandshehar, U.P., during the period of parole.

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 along with the particulars of the SLP filed by the Petitioner before the Supreme 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.

APRIL 08, 2016 ‘st’

PRATIBHA RANI, J.

W.P.(CRL) 468/2016