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i, HIGH COURT OF DELHI
W.P. (CRL) 864/2015
VINAY @ SMARTO Petitioner Mr Mohd. Faraz and Ms Namita Wali, Advs.
STATE
Through;
W.P. (CRL) 864/2015
VINAY @ SMARTO Petitioner Mr Mohd. Faraz and Ms Namita Wali, Advs.
STATE
Through;
VERSUS
Through:
Respondent Ms Charu Dalai, Adv. for Mr Saleem Ahmad, Standing Counsel (Crl.) for Govt. Of NCT of
Delhi alongwith SI Pawan Kumar Police Station
South Rohini, Delhi
Respondent Ms Charu Dalai, Adv. for Mr Saleem Ahmad, Standing Counsel (Crl.) for Govt. Of NCT of
Delhi alongwith SI Pawan Kumar Police Station
South Rohini, Delhi
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
01.05.2015 This is a petition under Article 226 of the Constitution of India read with Section 482
Cr.P.C filed on behalf of the petitioner seeking parole for a period of one (1) month on the following grounds:
(i) To getthe certificate of SC (Scheduled Caste) for his son who is appearing
12"' Board Examination for getting him admission in higher educational institution/college.
(ii) To provide medical treatment at AIIMS of his ailing mother who is heart patient.
(iii) To maintain family and social ties.
In the status report filed by the State, it has been verified that the family of the petitioner includes his father, mother, brothers and son and all are living at House No.l48, Block- 12, U'
Floor, Government Flats, Dev Nagar, Karol Bagh, Delhi. It is also verified thathis son - Piyush has completed his 12"' standard exams and his caste certificate is to be made for getting admission in higher institutions. The heart ailment ofmother has already been verified. However, itis stated that father and brother ofthe petitioner are capable enough to look after the mother of thepetitioner and in making the castecertificate of hisson.
It is submitted by learned counsel for the petitioner that petitioner was earlier granted interim bail six times, furloughs and parole twice and on all those occasions he has surrendered in time before the jail authorities without any adverse report and never misused the concession of bail/parole granted to him. His conduct has been good without any adverse remarks.
2015:DHC:11633 ax' As per the nominal roll of petitioner, the petitioner was senteneed to undergo rigorous imprisonment for life and fine. He has undergone a period of 12 years, 2 months and 3 days besides earning remission for 2 years,3 months and 16days. The factum of his release on interim bail on 6 occasions, grant of parole twice by this Court and furloughs twice by DG(P) has been verified. His conduct has been reportedto be satisfactory. As per Parole Guidelines, the petitioner is entitled for grant of parole for maintaining family and social ties.
Considering all the facts and circumstances of the case, the petition is allowed and the petitioner is granted parole for a period of two (2) weeks from the date of his release, on his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction ofthe 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. Rohini, Sector - III, Delhi on every Wednesday and
Saturday at 10 AM.
(ii) The petitioner shall keep the SHO, P.S. Rohini, Sector - III, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both.
(iii) During the period of parole, the petitioner shall remain in Delhi and he shall not cross the border/limits of NCT of Delhi.
It is, however, made clear that on expiry of the parole period of two (2) weeks, the petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court.
Petition stands disposed of accordingly.
A copy ofthis order be given dasti to counsel for the petitioner.
SUNITA GUPTA (JUDGE)
May01,2015/rd 2015:DHC:11633
01.05.2015 This is a petition under Article 226 of the Constitution of India read with Section 482
Cr.P.C filed on behalf of the petitioner seeking parole for a period of one (1) month on the following grounds:
(i) To getthe certificate of SC (Scheduled Caste) for his son who is appearing
12"' Board Examination for getting him admission in higher educational institution/college.
(ii) To provide medical treatment at AIIMS of his ailing mother who is heart patient.
(iii) To maintain family and social ties.
In the status report filed by the State, it has been verified that the family of the petitioner includes his father, mother, brothers and son and all are living at House No.l48, Block- 12, U'
Floor, Government Flats, Dev Nagar, Karol Bagh, Delhi. It is also verified thathis son - Piyush has completed his 12"' standard exams and his caste certificate is to be made for getting admission in higher institutions. The heart ailment ofmother has already been verified. However, itis stated that father and brother ofthe petitioner are capable enough to look after the mother of thepetitioner and in making the castecertificate of hisson.
It is submitted by learned counsel for the petitioner that petitioner was earlier granted interim bail six times, furloughs and parole twice and on all those occasions he has surrendered in time before the jail authorities without any adverse report and never misused the concession of bail/parole granted to him. His conduct has been good without any adverse remarks.
2015:DHC:11633 ax' As per the nominal roll of petitioner, the petitioner was senteneed to undergo rigorous imprisonment for life and fine. He has undergone a period of 12 years, 2 months and 3 days besides earning remission for 2 years,3 months and 16days. The factum of his release on interim bail on 6 occasions, grant of parole twice by this Court and furloughs twice by DG(P) has been verified. His conduct has been reportedto be satisfactory. As per Parole Guidelines, the petitioner is entitled for grant of parole for maintaining family and social ties.
Considering all the facts and circumstances of the case, the petition is allowed and the petitioner is granted parole for a period of two (2) weeks from the date of his release, on his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction ofthe 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. Rohini, Sector - III, Delhi on every Wednesday and
Saturday at 10 AM.
(ii) The petitioner shall keep the SHO, P.S. Rohini, Sector - III, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both.
(iii) During the period of parole, the petitioner shall remain in Delhi and he shall not cross the border/limits of NCT of Delhi.
It is, however, made clear that on expiry of the parole period of two (2) weeks, the petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court.
Petition stands disposed of accordingly.
A copy ofthis order be given dasti to counsel for the petitioner.
SUNITA GUPTA (JUDGE)
May01,2015/rd 2015:DHC:11633
JUDGMENT