Rafiq@Chotu v. State (GNCT of Delhi)

1. This is a writ petition filed by the petitioner for releasing him on paroleforaperiodoffour weeks:TfhaSdieensubmittedthatthepetitioner wasconvicted inthecaseFIRNo;;229/199?underSection 302/307/506/34 IPG registered at PS Mehrauli and sentenced to undergo Rigorous Imprisonment(RI)for life and fine videjudgment dated 02.04.2018 and order on sentence on 05.04.2018.

2. Theappealfiled byhim wasdismissed bythis Courton24.05.2018. Thepetitionerisconfinedtojailformorethan8years,excludingremission. The application for parole was moved by the present petitioner in November, 2021 on the ground that the application has to make arrangements for the spinal surgery of his minor son as well as for maintainingsocialtiestoreconnectwithhisfamilyandsocietybutthesame Page I of[4] W.P.(CRL)354/2022 2022:DHC:5990 was rejected on 24.12.2021 vide impugned order. The same is reproduced hereunder:- "7. The convict is not entitledfor parole in view of Rule 1210 sub rule (II) of Delhi Prison Rules-2018, which states that:- 1210 sub rule (II):- "The conduct ofthe prisoner who has been awarded majorpunishmentfor anyprison offence should have been uniformly goodfor the last two yearsfrom the date ofapplication and the conduct ofprisoner who has been awardedminorpunishmentor no punishmentfor anyprison offence in prison should have been uniformly goodfor last one yearfrom the date ofapplication".In thiscase,asthe nominalroll, the above said convict has been awarded punishment dated 04.12.2020(mobilephone receivedfrom hisBarrack).

2 As per the nominal roll, three,co-accused of the abovesaidconvicthas notbeensurrendered Ulldate after dismissaloftheir appeals by the Hon ble High Court^ Delhi. Two another cases are also pending against said convict.

3. Thepetitionerhaschallengedthesaidorderonthegroundthathewas awardedminorpunishmenton04.12.2020andnowoneyearhaselapsedand he is eligible for parole. The petitioner has to take care ofhis family obligations,especially thespinal surgery ofhis minorson. Heis seeking some time to make arrangements on the fmancial front. The convicts are entitledtobereleasedtwiceinayearfortheirproperrehabilitationandheis a permanentresidentofDelhi and he undertakesto abide by all theterms Page 2 of[4] and conditions.

4. Notice was issued.Status reporthas been filed.Nominalroll has been ealled for. It has been submitted that no date has been fixed for surgery of the petitioner'sson by any ofthe hospital. His address has been verifiedby the police officials byfiling an additional statusreport. 4.[1] As per the nominal roll, the petitioner was sentenced to life imprisonment in case FIR No. FIR No. 229/1997 under Section 302/307/506/34 IPC registered at PS Mehrauli. As on 26.03.2022 he has already undergone actualimprisonmentof[9] years[5] months20days along with the remission of[8] months and 8 days. There are three other cases shown against him being FIR No. 109/2012 under Section 392/397 registered atPSSaketandFIRNo.684/2016underSection302/307/34IPC and25/27ArmsAct,registered atPS Mehrauli. 4.[2] Ithasalso been mentioned thatthepetitioner wasreleased onregular bailon24.12.2021 andatthetimeofdismissalofhisbail,hewasin custody in caseFIRNo.684/2016,PS Me^auli:;■ ^

5. The parole has been rejected bti the ground that he was awarded punishmenton04.12.2020 and hisconductshould havebeen good forthe lasttwoyearsfromthedateofhisapplication. Theapplicationwasmadeon 18.11.2021. The punishment awarded on 04.12.2021 is minor as only warningwasgivenbythejailofficialsasmobilephonewasrecoveredfrom thebarrack,wherethe petitionerislodged.

6 Itcanbeseenthatitisaminorpunishmentanditcannotcomeinthe way ofrelease ofthe petitioner on parole. In view ofthis, order dated 24.12.2021 isquashed. Thepetitionerbereleasedon paroleforfourweeks on his execution ofpersonal bond of Rs.10.000/- with surety ofthe like Page i of[4] amount to the satisfaction of the Jail Superintendenrand subject to the following conditions:-

(i) He shall notindulge in any criminal offence during the period ofhis release;

(ii) he shall share his mobile phone number with the concemed

(iii) he shall notleavethe country;

(iv) heshallsurrenderoncompletionoftheparoleperiod.