Delhi High Court - Orders
Shaheen Akhtar vs Govt. Nct Of Delhi on 7 February, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 209/2022
SHAHEEN AKHTAR ..... Petitioner
Through: Mr. Kashif Zafar and Mr. A.F. Faizi,
Advocates
versus
GOVT. NCT OF DELHI ..... Respondent
Through: Ms. Nandita Rao, ASC (Crl.) for State
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 07.02.2022 (THROUGH VIDEO CONFERENCING)
1. The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner praying for directing the Respondent to release the Petitioner on parole for a period of one month on the ground that the marriage of the petitioner's nephew is fixed from 5th February 2022 to 11th February 2022.
2. Learned counsel for the petitioner submitted that the petitioner is seeking emergency parole for a period of one month on the ground that he has to attend his nephew's marriage. It is further submitted that the presence of the petitioner is necessary to perform the family rituals and ceremonies being the only uncle on the maternal side of the groom.
3. Learned counsel submitted that the petitioner has already missed his other close relatives' wedding as he was serving the sentence in the jail, however, the petitioner's presence is important to perform the rituals which Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.02.2022 18:25:29 must be solemnized only by the groom's maternal uncle and the petitioner being the only maternal uncle of the groom, his presence is indispensable.
4. Learned counsel further submitted that the petitioner had not applied earlier for grant of parole on the same ground before the present court or any other court, and nothing adverse has been recorded against the petitioner during the course of his sentence which he is presently undergoing.
5. Learned counsel, on instructions, further submitted that the petitioner undertakes that he will abide by all terms and conditions which may be imposed upon him and would not misuse the liberty in the wake of grant of parole and will surrender before the Jail Authorities after expiry of the period of parole.
6. Per contra, learned ASC for the State submitted that the petitioner has five sisters, and he is the only brother. The elder sister Farhat Naseem was married to Zafar Alam r/o A-31/6, Khajoori Road, Batla House, Jamia Nagar, Delhi. The marriage of son of Farhat and Zafar Alam namely Zuhaib Alam is fixed for 8th February 2022. The family of the petitioner consists of her wife and a minor son of age 12 years. The father of the petitioner has expired few years ago. She further submitted that the date of marriage has been also verified from the bride side and also from the banquet hall booked for the marriage ceremony on 8th February 2022.
7. The petitioner has been convicted and is presently serving the sentence of simple imprisonment awarded by the Ld. Trial Court and has already undergone more than 30 months of imprisonment.
8. Heard learned counsels and perused the record including the Status Report, Nominal Roll and Custody Certificate.
9. The rationale behind parole is to enable a convict to re-establish his social ties in the community and his family and reintegrate himself in the Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.02.2022 18:25:29 society, and hence to maintain his social and familial obligations and responsibilities as well as maintain contact with the society outside the prison. Parole is usually a reward for good conduct during the time period of the serving if sentence by the convict. Since, the Prisons Act, 1894, does not make a specific provision for parole and furlough, each State has the power to formulate guidelines on parole and furlough. The Delhi Prisons Act, 2000, and the Delhi Prison Rules, 2018, together form the basis of guidelines of parole in the territorial jurisdiction of State of the Delhi.
10. The petitioner is convicted in several complaint cases as furnished hereunder:
Convicted in Sentenced on Sentenced by Sentenced to Ld. MM Apoorv Sarvaria CJ CC No. 913/2011 12.02.2014 01/MM/ND, 10 Months S.I. Patiala House Courts Ld. MM Apoorv Sarvaria CJ CC No. 914/2011 12.02.2014 01/MM/ND, 10 Months S.I. Patiala House Courts Ld. MM Apoorv Sarvaria CJ CC No. 16/2011 12.02.2014 01/MM/ND, 6 Months S.I. Patiala House Courts Ld. MM Swati CC No. Gupta, MM 25.09.2017 1 Month S.I. 617049/2016 03(NI Act), SE, Saket Courts Ld. MM CC No. Samiksha Gupta, 01.06.2018 12 Months S.I. 615767/16 MM 02(NI Act), SE, Saket Courts Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.02.2022 18:25:29
11. As per the latest Nominal Roll, the petitioner has availed parole on two occasions - first, parole w.e.f. 27th January 2021 to 11th February 2021 and second, parole w.e.f. 11th June 2021 to 20th November 2021. The petitioner is seeking parole in the instant case for attending his nephew's marriage, which is not a sufficient cause in the opinion of this Court to enlarge the petitioner on emergency parole. Therefore, this Court is not inclined to entertain the instant petition.
12. The petition is accordingly dismissed.
CHANDRA DHARI SINGH, J FEBRUARY 7, 2022 Dy/@k Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.02.2022 18:25:29