W.P.(CRL)/3541/2024 of SAURABH SHARMA Vs STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3541/2024

SAURABH SHARMA .....Petitioner Through: Mr Chetan Bhardwaj and Ms Priyal Bhardwaj, Advs.

versus

STATE NCT OF DELHI .....Respondent Through: Mr Yasir Rauf Ansari, ASC for State with Mr Alok Sharma, Ms Vasu Agarwal and Ms Pragya Sharma, Advs. SI Prashant, PS-Domestic Airport

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGHO R R14.11.2024

1.This is petition filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking emergency parole for period of four weeks in order to trace the petitioner’s missing sister in United Kingdom (‘U.K.’).

2.It is stated that the sister of the petitioner, namely, Ms Jyoti Sharma was residing in London, U.K. and is missing since 13.10.2024.

3. Mr. Bhardwaj, learned counsel for the petitioner states that the petitioner is required to assist his mother and also take steps to approach the concerned authorities of U.K. in order to trace his missing sister.

4.Mr Ansari, learned ASC has filed the status report wherein the factual

matrix has been verified from the mother of the petitioner. He states that his only objection is that the petitioner was earlier granted furlough and was

required to surrender on 01.10.2024; however the petitioner surrendered only on 16.10.2024.

5.I am of the view that the fact that the sister of the petitioner is missing in U.K. requires release of the petitioner on emergency parole in order to enable the petitioner to assist and be with his mother for making all the efforts in order to find the whereabouts of his missing sister.

6.For the reasons stated above, the petitioner is granted parole for period of three weeks from the date of his release subject to following conditions:

(a)The petitioner shall furnish personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with 01 localsurety in the like amount, to the satisfaction of the Jail Superintendent; 10,000/- (Rupees Ten Thousand Only) with 01 localsurety in the like amount, to the satisfaction of the Jail Superintendent;

(b)The petitioner shall furnish his cellphone number to the concerned Investigating Officer (‘IO’). on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; Investigating Officer (‘IO’). on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

(c)The petitioner will furnish his permanent address to the IO and in case he changes his address, he will inform the IO concerned; case he changes his address, he will inform the IO concerned;

(d)The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any. unlawful or that would prejudice the proceedings in pending cases, if any.

(e)Upon expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent. before the Jail Superintendent.

(f)The petitioner has been cautioned to adhere to the timelines granted by the Court. granted by the Court.

7. The petition is disposed of accordingly.

8. The order be communicated to Deputy Secretary (Home) as well as to the concerned Jail Superintendent.

NOVEMBER 14, 2024 sr

JASMEET SINGH, J

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