Delhi High Court - Orders
Anju @Sonia @Baby vs State (Nct Of Delhi) on 14 September, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2251/2023
ANJU @SONIA @BABY ..... Petitioner
Through: Mr. Nitin Saluja, Mr. Saahil Mongia,
Ms. Simran Khurana, Ms. Pranya
Madan and Mr. Nitai Agarwal,
Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Amol Sinha, ASC (Crl.) for State
with Mr. Kshitiz Garg and Mr.
Ashivin Kumar, Ms. Chavi Lazarus,
Insp. Munish Kumar, PS-G.T.B.
Enclave.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 14.09.2023 [The proceeding has been conducted through Hybrid mode]
1. This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C., 1973 seeking grant of parole for a period of three months to the petitioner, who was sentenced to life imprisonment in FIR No. 69/2007 under Sections 364/365/392/328/302/120B IPC, 1860 registered with Police Station - Mansarovar Park, Delhi vide the order dated 30.11.2013.
2. Mr. Nitin Saluja, learned counsel appearing for the petitioner submits that the petitioner seeks parole precisely for three grounds:-
W.P.(CRL) 2251/2023 Page 1 of 5This 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 16/09/2023 at 19:29:38
i) To enable the petitioner to arrange for funds for payment of fees in respect of minor daughter who has been admitted to 11th standard now;
ii) The elder daughter of the petitioner is stated to have been suffering from severe mental health issues and is under the treatment of Institute of Human Behaviour and Allied Sciences (IHBAS) and there is no fit person to take care of her;
iii) To take care of the mother who is aged 75 years and suffers from various medical ailments like paralysis, heart issues, high blood pressure, etc.
3. Learned counsel appearing for the petitioner submits that the petitioner has already been incarcerated for about 12 years besides remission and also submits that she has previously been released on furlough and on emergency parole and she has never misused the liberty so granted.
4. According to the learned counsel appearing for the petitioner, the petitioner has always surrendered within the stipulated time period.
5. Mr. Amol Sinha, learned ASC for State submits that the that rejection of the request for release on parole is under the provisions of Rule 1210 Sub Rule (IV) of Delhi Prison Rules, 2018, whereby the convict ought not to have violated any terms and conditions of the parole or furlough granted previously.
6. On that account, Mr. Sinha, learned ASC submits that the petitioner had jumped emergency parole on the previous occasions, and for that reason alone the request for parole was rejected.
W.P.(CRL) 2251/2023 Page 2 of 5This 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 16/09/2023 at 19:29:38 However, Mr. Nitin Saluja, learned counsel submits that the objections raised by the State is no more available on the ground that the said issue was already considered by this Court vide the orders dated 24.05.2022, 31.01.2023 and 13.03.2023 and as such the objections cannot sustain in law.
7. This Court has considered the aforesaid submissions of the learned counsel for the petitioner as also the objections of the State addressed by Mr. Amol Sinha, learned ASC.
8. It is on record that the petitioner had been released previously on parole as well as furlough a number of times. It may be that she has jumped the emergency parole previously, however, keeping in view the fact that this Court had already considered the same in the aforesaid three orders dated 24.05.2022, 31.01.2023 and 13.03.2023, this Court considers that the said objection is not sustainable in law as of now.
9. That apart, the reasons for which the petitioner is seeking parole appears to be genuine in respect of the two minor daughters, particularly, the one who is suffering from mental impairment etc., as also the fact that the other minor daughter has been admitted to the 11th Class and would need some supervision of the petitioner in terms of finance and also for other incidental and ancillary issues.
10. It is also not disputed that there is no other person other than the mother of the petitioner to take care of the two minor daughters. It is also submitted and not disputed that the mother of the petitioner is aged about 75 years and also is not physically and financially sound to W.P.(CRL) 2251/2023 Page 3 of 5 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 16/09/2023 at 19:29:38 arrange the necessary monetary resources and may not be able to do justice so far as taking care of the minor daughters are concerned.
11. In view of the above, this Court is of the considered opinion that there is no impediment in granting parole to the petitioner.
12. Accordingly, the petitioner is directed to be released on parole for a period of three months from the date of release, on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Jail Superintendant. The petitioner shall be released on following conditions :-
i. During the period the petitioner remains out on parole, the petitioner shall report to the SHO, Police Station- Mansarovar Park, Delhi at 12 noon, every alternate Saturday. It is directed that under no circumstance shall the petitioner be made to wait for more than one hour for the purpose of such reporting;
ii. The petitioner shall also provide the SHO, PS Mansarovar Park, Delhi with mobile telephone number which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the SHO concerned. The mobile location be kept on at all times;
iii. The petitioner shall not leave the National Capital Territory of Delhi during the period of parole, without the prior permission of this Court;
iv. The petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the W.P.(CRL) 2251/2023 Page 4 of 5 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 16/09/2023 at 19:29:38 complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case; v. The petitioner shall drop a PIN on the Google map to ensure that her location is available to the Investigating Officer. vi. The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole;
13. Any infraction in the conditions placed aforesaid, the parole granted will be likely to be revoked.
14. In view of the above directions, the petition stands disposed of.
15. A copy of the order be sent to the Jail Superintendent forthwith.
TUSHAR RAO GEDELA, J SEPTEMBER 14, 2023/nd W.P.(CRL) 2251/2023 Page 5 of 5 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 16/09/2023 at 19:29:38