Delhi High Court - Orders
Yogesh Bansal @ Kake vs State Of Nct Of Delhi on 6 September, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2420/2024
YOGESH BANSAL @ KAKE
.....Petitioner
Through: Mr. Aman Panwar, Advocate
DHCLSC and Mr. Shivam Singh
Baghel, Advocate.
versus
STATE OF NCT OF DELHI
.....Respondent
Through: Ms. Rupali Bandhopadhya, Ld. ASC
for State with SI Rajesh Kumar P.S.
Vijay Vihar.
Mr. Abhijit Shankar, Law Officer,
Thar Jail along with Mr. Vinod
Kumar Yadav, Jail Superintendent,
CJ-2, Tihar.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 06.09.2024
1. A Writ Petition under Article 226 of Constitution of India read with Section 528 BNSS has been filed on behalf of the petitioner for grant of parole for two months in case FIR No.499/2013 under Sections 302/307 IPC & 25/27 Arms Act, P.S. Vijay Vihar.
2. It is submitted that the petitioner is 40 years old married man, having a family of aged father of 75 years and two minor daughters aged 15 and 13 years. He has sought Parole on the ground that he needs to get the elder 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 21/09/2024 at 02:33:24 daughter admitted in the school of younger daughter.
3. The Status Report has been filed on behalf of the State wherein it is submitted that the petitioner is undergoing life sentence with fine of Rs.14,000/- under Section 302/307 IPC and 25/27 Arms Act. He had been granted Interim Bail on 17.02.2020 for 28 days and the date of surrender was 15.03.2020, but he failed to surrender on the due date. He was re- arrested and was admitted in jail on 21.04.2023 i.e. after three years. His Application along with all the requisite records and documents had been forwarded to Competent Authority, Govt. of NCT of Delhi on 10.07.2024.
4. The directions had been given to decide this petition within three days, by this Court vide Order dated 09.08.2024. The Competent Authority to decide is the Hon'ble LG of NCT of Delhi. It is submitted that issuance of Notice be revoked as the Jail Authorities have done the needful and has complied with the Order dated 09.08.2024. It is further submitted that the Jail Authority is not competent to grant Parole to the prisoners and hence, the personal appearance of Jail Superintendent may be exempted.
5. The Respondent has failed completely in discharging their duties but on account of their inaction, the petitioner should not suffer. Looking at the Nominal Roll and other details, petitioner is granted Parole for two weeks on furnishing of Personal Bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent. The petitioner shall surrender after the expiry of the period of parole, before the Jail Authority. The Petition is accordingly disposed of.
6. It has been noticed that there are repeated Applications for Parole/Furlough which are being filed in the Court on the ground that they are not being decided by the Competent/Jail Authorities. The Show Cause 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 21/09/2024 at 02:33:24 Notice had also been issued to the Jail Superintendent and a vague Reply has been sent that the Applications are being forwarded to the Competent Authority, where they are pending disposal.
7. Learned counsel for the petitioner has pointed out that under Rule 1215 of Delhi Prison Rules, 2018, while forwarding the requisite Papers, the Superintendent Jail is required to submit his Recommendation in regard to the request of Parole, which is not being followed in routine. Merely papers and Applications are being forwarded, leaving it for the Competent Authority to look into the documents to decide the Parole Application.
8. Apparently, there is no procedure being followed and there is breach of the Rules of Delhi Prison Rules and the Applications are not being decided in four weeks, as provided in Rule 1217 of Delhi Prison Rules.
9. A detailed Report be called from the Principal Secretary to the Hon'ble LG as well as from DG (Prisons) to explain these systemic failures, within four weeks.
10. List on 18.10.2024.
NEENA BANSAL KRISHNA, J SEPTEMBER 6, 2024/va 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 21/09/2024 at 02:33:24