Delhi High Court - Orders
Raj Kumar vs State Of Nct Of Delhi on 19 September, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1763/2023
RAJ KUMAR ..... Petitioner
Through: Mr. Archit Upadhayay (DHCLSC),
Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Sanjeev Bhandari, Additional
Standing Counsel (Crl) with
Mr. Kunal Mittal and Mr. Arjit
Sharma, Advocates.
SI Rajiv Ranjan, PS Mayapuri.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 19.09.2023
1. The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC seeks the following prayers:
"a. Issue a writ in the nature of Certiorari quashing the order no. F.18/401/2018/HG/ 1365 dated 16.05.2023 passed by the respondent;
b. Issue a writ in the nature of Mandamus directing the respondent to release the petitioner on parole for a period of 03 months for the purpose of establishing social ties.
c. Pass any other order or orders, which this Hon'ble Court deemed fit and proper in the interest of justice;"
2. Learned counsel for the petitioner submits that the latter seeks parole for a period of 03 months in order to re-establish social ties with family and society. It is submitted that the petitioner was convicted in case FIR No. 3434/2017 registered at PS Mayapuri for offences under Sections This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:40:01 302/392/34/397 of the IPC and Sections 25/27 of the Arms Act. It is submitted that inter-alia, the petitioner was sentenced to undergo rigorous life imprisonment for offence under Sections 302/34 of the IPC and has already served more than 11 years of the sentence.
3. Learned counsel for the petitioner submits that his application for parole dated 31.03.2023 was rejected by the Deputy Secretary, Home, GNCTD vide order no. F.18/401/2018/HG dated 16.05.2023 on the ground that the petitioner had been awarded a major punishment while he was in jail and that he violated a condition of parole inasmuch as he did not surrender in time after he was released based on the HPC guidelines.
4. It is further submitted that the petitioner has been released on parole and furlough on three different occasions, i.e., 05.12.2018, 30.09.2019 and 05.12.2020 and he duly surrendered each time without misusing the liberty granted to him. It is submitted that on 04.04.2020, the petitioner was released on the basis of the HPC guidelines and the reason he did not surrender in time was because he resides at his village in Gonda District of Uttar Pradesh and was never informed about when he was required to surrender.
5. In support of his contentions, learned counsel for the petitioner places reliance on the following orders/judgments:
i. Surender alias Bhola v. State of GNCT of Delhi, Order dated 22.11.2022 passed by a coordinate bench of this Court in W.P.(CRL) 605/2022.
ii. Mohd. Suleman v. State of NCT of Delhi, 2023:DHC:3679. iii. Sultan @ Rajesh v. State of GNCT of Delhi, 2022:DHC:3474.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:40:01
6. Per contra, learned Additional Standing Counsel for the State opposes the present petition and submits that the overall jail conduct of the petition is unsatisfactory. He has been awarded a major punishment on 20.09.2021. It is further submitted that after the petitioner was released on emergency parole on 04.04.2020, he jumped parole and was re-arrested only on 03.09.2021. It is therefore submitted that in terms of Rule 1210(II) and Rule 1210(IV) of the Delhi Prison Rules, 2018, the present petitioner is not entitled to parole.
7. Heard learned counsel for the parties and perused the record.
8. Before the petitioner was released on HPC guidelines, he was released once on parole on 13.03.2019 and twice on furlough on 30.09.2019 and 01.01.2020. He surrendered on time after expiry of the parole/furlough period without misusing the liberty granted to him. The case of the petitioner is similar to the judgments relied upon on his behalf, inasmuch as in the present case, nothing has come on record to show that he was informed about when he was required to surrender. No punishment has been awarded to the petitioner since 20.09.2021. As per the status report, the given address on the petitioner, i.e., Village Gothia, Gonda, Uttar Pradesh has been verified.
9. Nominal Roll dated 06.06.2023 reflects that the jail conduct of the petitioner for the past one year has been satisfactory. It is further reflected that he has served 11 years 04 months and 12 days.
10. In totality of the facts and circumstances of the case, the present petition is allowed. The petitioner is directed to be released on parole for a period of four weeks from the date of his release, subject to the following conditions:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:40:02 i. The petitioner shall furnish a personal bond in the sum of Rs. 20,000/-
with one surety of the like amount, to the satisfaction of the concerned Jail Superintendent.
ii. The memo of parties reflects that the petitioner resides at Village Gothia, District Gonda, Uttar Pradesh. In case of any change in address, the petitioner is directed to inform the same to the concerned Jail Superintendent.
iii. The petitioner shall report to the SHO, PS Manakpur District once a week, on every Sunday at 10:00 AM. The concerned officer shall release the petitioner by 11:00 AM, after completion of all necessary formalities.
iv. The petitioner shall furnish his mobile number to the concerned jail authorities and to the Investigating Officer and keep it operational at all times.
v. The petitioner shall surrender before the concerned jail authorities immediately upon the expiry of his parole.
11. The petition is accordingly disposed of.
12. Pending applications, if any, also stand disposed of.
13. Copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.
14. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J SEPTEMBER 19, 2023/bsr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:40:02