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W.P.(CRL) 526/2013
ANAR SINGH Petitioner
Through : Mr.Anurag Jain, Adv.
Through : Mr.Rajesh Mahajan, ASC for State with SI Devi Chand, PS Model Town.
ANAND SINGH @DHAMMAL Petitioner
Through : Mi'.Anurag Jain, Adv.
Through : Mr.Rajesh Mahajan, ASC for State with SI Devi Chand, PS Model Town.
ORDER o/o 03.05.2013
JUDGMENT
1. These are two Writ Petitions, i.e. W.P.(Crl.) No.526/2013 and W.P.(Crl.) No.536/2013 moved on behalf of the petitioners namely Anar Singh and Anand Singh respectively seeking parole for aperiod of one month on ground ofre-establishing family and social ties.
2. Status report has been filed by the State.
3. As per nominal roll of the petitioner Anar Singh, he has undergone 2013:DHC:7516 V three years, eleven months and twenty seven days in judicial custody and earned remission of four months and seventeen days. As per nominal roll of the petitioner Anand Singh, he has undergone four years, one month and six days in judicial custody and earned remission of four months and seventeen days. The conduct of both the petitioners in the jail is stated to be satisfactory.
4. Learned ASC for State submits that both the petitioners were convicted for committing the offences punishable under Sections 147/148/149/302/307 IPG in case FIR No.497/2005, PS Model Town, however their conviction was converted into Section 304(Il)/307/149 IPG by the High Gourt in the appeals filed by the petitioners. Learned ASG further submits that in terms of Clause-13 of Parole/Furlough Guidelines- 2010 issued by the Government of National Gapital Territory of Delhi, if there are more than one convict in acase who are lodged in ihe same prison, the co-accused convicts would not be released simultaneously except in special circumstances to be mentioned in the order granting pdiole.
5. At this stage, learned counsel for the petitioners submits that in view of above Parole/Furlough Guidelines-2010 issued by the Government of National Gapital Ten-itor)^ of Delhi, the prayer for grant parole made by petitioner Anar Singh in W.P.(Grl.) No.526/2013 may be considered and he may be permitted to withdraw the W.P.(Grl.) No.536/2013 filed by the petitioner Anand Singh.
6. In view of the submissions made by learned counsel for the petitioners, W.P.(GrL) No.536/2013 filed by petitioner Anand Singh is dismissed as withdrawn.
7. So far as prayer made by petitioner Anar Singh in W.P.(Grl.) No.526/2013> concerned, considering tlie facts and circumstances of the case, the prayer for grant ofparole is allowed and the petitioner Anar Singh is granted parole for aperiod of one month from the date of his lelease on his furnishing personal bond in the sum ofRs.25,000/- with one surety ofthe like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:-
(i) During the period of parole, the petitioner shall report to the Duty
(ii) The petitioner shall keep the SMO, P.S. Model Town, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both.
(iii) Duringthe period ofparole, the petitioner shall remain iti Delhi and he shall not cross the border/limits ofNCT ofDelhi.
(iv) During the period ofparole, the petitioner shall not try to contact the family ofthe victim or witnesses in any manner, for any reason whatsoever.
8. It is, however, made clear that on expiry of the parole period of one month, the petitioner Anar Singh shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court.
9. W.P.(Crl.) 526/2013 stands disposed ofaccordingly.
10. Copy ofthe order be given dasti. • 11. Acopy ofthis order be also sent to the concerned Jail Superintendent for compliance. " MAY 03, 2013/