Delhi High Court - Orders
Sonu Alias Himmat vs State Govt Of Nct Of Delhi on 18 April, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1201/2022
SONU alias HIMMAT ..... Appellant
Through: Mr. Sumeet Shokeen and Mr. Panash
Piyush, Advocates.
versus
STATE GOVT OF NCT OF DELHI ..... Respondents
Through: Ms. Neelam Sharma, APP with SI
Dharambir, PS Shalimar Bagh.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 18.04.2022 CRL.M.A. 7068/2022
1. Allowed, subject to all just exceptions.
BAIL APPLN. 1201/20222. This is an application moved by the applicant under Section 439 Cr.P.C. read with Section 482 Criminal Procedure read with rule 1203 of the Delhi Prison Rules for grant of custody parole for a period of six hours on 18.04.2022 for the marriage of the real brother.
3. The matter was marked to this Court today itself as urgent listing.
4. Issue notice. Learned APP accepts notice on behalf of the State. The IO has joined through video conferencing.
5. Learned counsel for the applicant submits that earlier he had approached the Court of concerned Additional Sessions Judge by moving an application on 28.03.2022, which was disposed of on 13.04.2022 by passing the following order:
"By filing the present bail application under Section 439 Cr.P.C, the applicant/accused is seeking custody bail/parole for six hours on BAIL APPLN. 1201/2022 page 1 of 4 Signature Not Verified Digitally Signed By:MAMTA RANI Signing Date:20.04.2022 17:01 18.04.2022 on the account of marriage of real brother. It is further contended that the applicant/accused was arrested on 15.10.2017 and since then he is languishing in J.C. that real elder brother of the applicant namely Mr. Inder is getting married on 18.04.2022 and the marriage function is scheduled to be held at their residence in Village Bakheta, District Rohtak, Haryana from 1:00 PM. Hence, the application.
Reply has been filed by IO.
Ld. APP opposed the application on the ground that gangster and releasing may cause/breach tranquility and peace to the society as applicant is also hard core/high risk criminal. Today, report from Jail Superintendent concerned received wherein it is mentioned that applicant/accused is previously involved in 14 other cases, however it is mentioned that accused has no punishment in the last one year and his jail conduct is satisfactory. Further on being enquired telephonically qua the feasibility, it has been submitted by the jail superintendent that upon receiving the parole order, jail superintendent used to/supposed to forward the request for guard/escorts to the DAP 3rd battalion. Considering the fact and circumstances that present applicant/accused is hardcore criminal as such involved in 14 other criminal cases including MCOC Act and also keeping in view the objections raised by the Ld. APP that serious threat to the complainant and applicant/accused is active with the gangster groups hence, I am not inclined to grant bail to the applicant/accused at this stage. Accordingly, the present bail application is dismissed.
With these observations, the application is disposed of accordingly."
6. Thereafter, the applicant has approached this Court, that is why the delay has been caused. The marriage is fixed for today.
7. I have gone through the petition and especially the report submitted by the Jail Superintendent regarding the pending matters against the present applicant. The list of the matters which are mentioned in the report dated 03.04.2022 is reproduced here under:
BAIL APPLN. 1201/2022 page 2 of 4 Signature Not Verified Digitally Signed By:MAMTA RANI Signing Date:20.04.2022 17:01 "Sub: Status report in r/o accused Sonu@ Himmat@ Chiku S/o Rekh Singh in case FIR No.-363/2017, U/s- 365/392/397/411/34 IPC & 25/27 Arms Act, PS-Shalimar Bagh.
Hon'b1e Sir, This is in reference to the Hon'ble Court order dated 12.04.2022 received in this office on the same day, wherein accused is seeking custody bail/parole for 6 hours on 18.04.2022 on the ground of marriage of his real elder brother and the Jail Superintendent is directed to file a status report of above mentioned accused.
In this regard, it is submitted that as per Jail records/ Custody warrant the accused is involved in the many cases including Out State cases, as mentioned below:-
S.No. FIR Under Section Police Station Status 01 77/2018 3/4 MCOC Act Special Cell, Pending Delhi 02 243/2017 302/120B/34 IPC Begumpur Pending Delhi 03 463/2020 307/34/120B IPC Alipur Delhi Pending 04 363/2017 365/392/397/411/34IPC Shalimar Bagh Pending Delhi 05 417/2020 302/34/120B IPC & 27 A. Act Begumpur Pending Delhi 06 111/2017 302/201/34 IPC Alipur Delhi Acquited 07 369/2017 392/34 IPC Prashant Vihar Released 08 378/2017 392/34 IPC Prashant Vihar Released 09 60/2017 365/394/397/34 IPC Mundka Released 10 563/2016 307/34 IPC & 25/27 A. Act Alipur Delhi On Bail 11 58/2021 302/34 IPC & 25/27/54/59 Kanjhawla, Pending A.Act Delhi 12 131/2021 387 IPC North Rohini Pending 13 411/2021 307/387/120B/34 IPC & 25/27 North Rohini Pending Arms Act 14 215/2017 302/392/201/34 IPC & 25/27 Sadar, Solan Pending Arms Act 15 370/2017 25/54/59 A.Act Bilaspur On Bail Haryana BAIL APPLN. 1201/2022 page 3 of 4 Further, it is pertinent to mention here that accused has No Signature Not Verified Digitally Signed By:MAMTA RANI Signing Date:20.04.2022 17:01 punishment in the last one year and his jail conduct is Satisfactory.
This is for kind information and perusal of Hon'ble Court please."
8. Learned counsel for the applicant has relied upon a judgement of a coordinate bench of this Court in W.P. (Crl.) 1558/2020, titled 'Mohd. Shahabuddin vs. State Govt. of NCT Delhi and Ors.' wherein custody parole was granted to the petitioner on account of the death of his father and he was allowed to meet his mother for six hours on any three days of his choice within a period of 30 days from the date of the order.
9. Learned APP submits that the applicant is a hardcore criminal and he does not deserve any leniency and as far as the judgment cited is concerned, the real father of that petitioner had died, whereas in the present case, the application has been moved only to attend the marriage of the real brother of the applicant.
10. Keeping in view the fact that the present applicant is a hardcore criminal; there are about 10 matters pending against him, out of which few are under MCOC Act, Section 302 IPC and other related offences and the occasion being of only the marriage of the real brother of the present applicant, which can even otherwise take place without the presence of the present applicant, no ground for custody parole is made out.
11. This Court is not inclined to grant the custody parole to the present applicant.
12. The application is accordingly dismissed.
TALWANT SINGH, J
APRIL 18, 2022/pa
BAIL APPLN. 1201/2022 page 4 of 4
Signature Not Verified
Digitally Signed By:MAMTA
RANI
Signing Date:20.04.2022 17:01