W.P.(CRL)/3388/2017 of MOHD NADEEM Vs THE STATE GOVT OF NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 3388/2017MOHD NADEEMMOHD NADEEM

..... Petitioner

Through: Mr. Anurag Jain, Ms. Ayushi Sharma,Advs.

versus

THE STATE GOVT OF NCT OF DELHI

..... Respondent

Through: Ms. Srilina Roy, Adv. on behalf of Ms.Nandita Rao, ASC for the State with SI RishiSharma, P.S. Jamia Nagar, Delhi.

CORAM:HON'BLE MR. JUSTICE NAJMI WAZIRIO R R%12.12.2017

The petitioner seeks parole for period of 3 months tocomplete the mandatory period of ‘field practicals’. It is stated that aminimum of 75 days’ of social work practical is to be undertakenunder the guidance and supervision of the appointed Field Expert.The petitioner is pursuing Masters’ Degree (MSW) in social workfrom Indira Gandhi National Open University (IGNOU). It is statedthat Field Work Practicum is necessary component of the course,and it would commence as soon as the petitioner is released on parole.

Thepetitionerisundergoingasentenceofrigorousimprisonment for period of seven years, of which 5 years and about

8 months has already been undergone by the petitioner and he hasearned remission period of around 6 months and 25 days.Effectively, the unexpired period is about 9 months. The petitioner’sconduct in jail is satisfactory, where he is working as LegalSahayak.

The Status Report filed by the State has verified that thepetitioner is pursuing Master’s degree in Social Work from IGNOUwhere field work for 45 days is compulsory to complete 1[st]year ofMSW programme and without it the second year practicum would notcommence.

The Status Report mentions only mandatory period and not thedesirable period i.e. 75 days. In the pursuit of an academic course,the minimum days for field work should not be objective. Thedesirable objective would be the maximum time that can be spent infield work so as to equip the student with hands-on experience andexpertise.Depriving him of the opportunity to gain the requisiteexperience and to meet the mandatory field practical requirement,would be unjust.

Therefore, for the said field work, the petitioner is released onparole for period of three months, from the date of his release, onhis furnishing personal bond in the sum of Rs.10,000/- with onesurety in the like amount to the satisfaction of the Jail Superintendentconcerned, subject to the following conditions:

(1)The petitioner shall report to the SHO, concerned Police Station

once week on every Tuesday during the period of parole;

(2)the petitioner shall furnish to the SHO concerned his mobile

telephone number, which shall be kept operational at all times;

(3)the petitioner shall not leave the territory of NCT of Delhi;

(4)the petitioner shall surrender before the jail authorities at theexpiry of the period of parole.expiry of the period of parole.

The petition stands disposed off in the above terms. The StatusReport is taken on record.

copy of this order be sent to the Jail superintendentconcerned and copy be also served through the police.

copy of this order be given Dasti, to the learned counsel forthe parties under the signatures of the Court Master.

DECEMBER 12, 2017/acm

NAJMI WAZIRI, J