Joginder Pal Bhatia 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 socialties.

2. On behalfofpetitioners,it has been submitted thatthe representations made by the petitionerstothe GovernmentofNCT ofDelhi praying for 2016:DHC:9092 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 Government to 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 ease 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.898/2007 under Sections 302/201/120-B/34 IPC,PS Uttam Nagar. Learned ASC for the State has further submitted that as per Clause 13 of Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi, 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. 898/2007 under Sections 302/201/120-B/34 IPC,PS Uttam Nagar,they cannot be released on parole simultaneously,hence appropriate orders may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory ofDelhi.

5. 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 extentthat the 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? 10,000/- with one surety each ofthe like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions;-

(i) During the period of parole, the Petitioners shall report to the Duty

(ii) The Petitioners shall keep the SHO, P.S. Uttam Nagar, Delhi informed about their place ofresidence in Delhi and their contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verily the address and the contact numbers and to seek cancellation ofparole in case it is found to be incorrect.

(iii) During the period ofparole,the Petitioners shall remain in Delhi and they shall notcrossthe border and try to contactthe witnesses in any manner whatsoever.

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

(v) While submitting the bail bond, they will furnish to the Jail

Superintendent the address of the place where they would reside in Delhi during the period ofparole as well as the contact numbers.

6. It is made clear that grant ofparole to the petitioner ofW.P.(Crl.) 273/2016 i.e. Manju@ Geeta shall be subject to furnishing local surety and after verification of the address of the surety as well as of the petitioner.

7. The Jail Superintendent concerned is directed to ensure that the present Petitioners,who are co-convicts in case FIR No.898/2007 under Sections 302/201/120-B/34 IPC, PS Uttam 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.