Naushad v. State

1. These two petitions have been filed by the petitioners namely Naushad S/o Late Sh. Kamaluddin (in W.P.(Crl.) No.2854/2016) and Shamim(in W.P.(Crl.)No.670/2016)seeking parole for aperiod ofthree PF.F.(Crl.)No.2854/2015 c& 670/2016 Page 1 of[4] 2016:DHC:9104 -6 months to enable them to file SLP before the Hon'ble Supreme Court and to maintain social ties.

2. Both the petitioners are family members i.e. petitioner Shamim is mother of petitioner Naushad, who have been convicted in case FIR No.136/2006 under Section 302/307 IPG PS Welcome. Status report in the both the matters have been filed by the State verifying their address i.e. H.No.5, Sangam Vihar, P.O. Loni, Distt. Ghaziabad, U.P.(as given in the memo ofparties)to be correct.

3. Learned counsel for the Petitioners submit that the Petitioners had made representations to the Respondent/State praying for grant of parole which have been rejected by the respondent vide order dated 03.11.2015 and 08.12.2015.

4. Learned counsel for the Petitioners further submit that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also includes the ground offiling ofa Special Leave Petition before the Supreme Court ofIndia against aJudgment delivered by the High Court convicting or upholding the conviction, as the case may be. They further submit that in the present case also,the Petitioners are seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the present Petitioner may be granted parole for the said purpose. The said guideline reads as under:- "9.[7] To pursue thefiling ofa Special Leave Petition before the Supreme Court ofIndia against ajudgment delivered by the High Court convicting or upholding the conviction, as the case may be."

5. Learned counsel for the Petitioners further submit that the Petitioners W.P.(Crl.)No.2854/2015&670/2016 Page2of[4] undertake to abide by any condition deemed fit by this Court while considering their prayer.

6. On behalf ofthe State, it has been submitted that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the GovernmentofNational Capital Territory ofDelhi.

7. Nominal rolls of the Petitioners have also been placed on record, perusal ofwhich shows thatthe conduct ofthe Petitioners, during the period ofincarceration,has been'Satisfactory'.

8. Considering the facts and circumstances ofthe case and the fact that the Petitioners are seeking parole for the purpose offiling SLP before the Supreme Court, which is permissible under the guidelines, the prayer for grant ofparole is allowed to the extentthatthe Petitioners are granted parole for a period offour weeks from the date oftheir release to enable them to file SLP in the Hon'ble Supreme Court, on their each furnishing personal bond in the sum ofRs.10,000/- with one surety each ofthe like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:-

(i) Since the petitioners are being granted parole for the twin purpose of filling SLP before the Hon'ble Supreme Court and re-establishing social ties and they are resident ofH.No.5,Sangam Vihar,P.O.Loni,Distt. Ghaziabad, U.P. the Petitioners shall keep the SHO/Duty Officer,P.S. Welcome,Delhi informed about their place of residence in Delhi as well as their place of residence in Ghaziabad, U.P. and their contact numbers i.e. mobile,landline or both. They shall further inform the SHO/Duty Officer, P.S. Welcome, Delhi asto the period for which they shall be staying at Ghaziabad,U.P. JV.F.(Crl)No.2854/2015&670/2016 Page 3of[4]

(ii) The Petitioners shall report on every Monday at 11 AM to the Duty

Officer ofthe concerned Police Station/Police Post under thejurisdiction of which, the Petitioners shall stay during the period of parole at Ghaziabad, U.P.

(iii) The Petitioners shall submit proof of filing of the Special Leave

(iv) Wliile submitting the bail bond, they will furnish to the Jail

Superintendent the address and the contact numbers ofthe place where they would reside in Delhi and at Ghaziabad,U.P.,during the period ofparole.

9. It is, however, made clear that on expiry of the parole period, the Petitioners shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court along with the particulars of the SLP filed by the Petitioners before the Supreme Court.