Prakash Singh v. State

1. These two petitions have been filed by the petitioners from Jail praying for grant of parole to enable them to file SLP before the Hon'ble Supreme Court and to maintain social ties.

2. On behalfofpetitioners,it has been submitted that the representations made by the petitioners to the GovernmentofNCT ofDelhi praying for W.P.(CRL)Nos.2975/2015& 103/2016 Page 1 of[4] 2016:DHC:9091 7 y^. 7' grant of parole to enable them to file SLP before the Supreme Court have been rejected by the competent authority and the copy ofthe rejection orders have been placed on record.

3. Learned counsel for the Petitioners have further submitted that in terms of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory ofDelhi,it is open to the Governmentto consider the applications for grant ofparole 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. The petitioners are seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the petitioners 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."

4. On behalf of the State, it has been submitted by learned Addl. Standing Counsel that the petitioners before this Court have been convicted in case FIR No.411/2009 under Sections 20(b)(ii)(C)&29 ofNDPS Act,PS Sarojini Nagar. Learned ASC for the State has further submitted that as per Clause 13 ofParole/Furlough Guidelines-2010 issued by the Governmentof National Capital Territory ofDelhi, ifthere are more than one convict in a case who are lodged in the same prison,the co-accused convicts would not be released simultaneously. He has further submitted that since the petitioners are co-convicts in case FIR No. 411/2009 under Sections 20(b)(ii)(C)& 29 ofNDPS Act,PS Sarojini Nagar,they cannot be released on parole simultaneously,hence appropriate orders may be passed keeping W.P.(CRL)Nos.2975/2015& 103/2016 Page2of[4] in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory ofDelhi.

5. Nominal roll of the Petitioners are available on record, perusal of which shows that the conduct of the Petitioners, during the period of incarceration,has been'Satisfactory'.

6. Considering the facts and circumstances ofthe case and the fact that the Petitioners are seeking parole for the purpose of filing 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 of Rs.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 socialties and they are permanent residents of Bihar, as mentioned in the memo of parties of their petitions, the Petitioners shall keep the concerned Jail superintendent as well as SHO/Duty Officer, P.S. Sarojini Nagar, Delhi informed about their place ofresidence in Delhi as well as in their native town and their contact numbers i.e. mobile,landline or both.

(ii) The petitioners shall also inform the concerned Jail Superintendent as well as SHO/Duty Officer, P.S. Sarojini Nagar, Delhi as to the period for which period they shall be staying in their nativetowns and for which period they shall be staying in Delhi for purpose of filing the SLP before the Supreme Court. W.P.(CRL)Nos.2975/2015&103/2016 Page3of[4]. -I i' - •

(iii) 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 in their native town.

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

7. The Jail Superintendent concerned is directed to ensure that the present Petitioners,who are co-convicts in case FIR No.411/2009 under Sections 20(b)(ii)(C) & 29 of NDPS Act, PS Sarojini Nagar, are not released on parole during the same period oftime.

8. 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.

9. Writ Petition stands allowed in the above terms.

10. The Petitioner be informed through the Jail Superintendent about the order passed. Order dasti.