Delhi High Court - Orders
Surender Alias Bhola vs State Of G.N.C.T. Of Delhi on 22 November, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL) 605/2022
SURENDER alias BHOLA ..... Petitioner
Through: Mr. Aman Panwar and Mr. Shivam
Singh Baghel, Advocates.
versus
STATE OF G.N.C.T. OF DELHI ..... Respondent
Through: Mr. Sachin Mittal, ASC with Mr. Alok
Sharma and Mr. Nishant Chauhan,
Advocates.
SI Prabhakaran, PS Dabri.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 22.11.2022
1. The matter has been taken up on transfer from the Court of HMJ Anu Malhotra.
2. The petitioner has filed this writ petition mentioning therein that he has already spent more than 12 years of imprisonment; he had approached DG (Prisons)for grant of first spell of furlough for 2 weeks; however, the same was declined vide order dated 12.08.2021, which is reproduced hereunder:-
"On 09.03.2020 convict SURENDER @ BHOLA s/o Laxman was released on 03 Week, granted by Worthy DG(P) vide order no.F.10(3501949/1224/CJ/Legal/2020/2761 dated 13.01.2020. Further his furlough was converted into Emergency Parole vide Order No. 21395 dated 07.04.2020 which was further extended time to time. Finally, his date of surrender was fixed for 17.02.2021. However, he failed to surrender on due date and jumped the Emergency Parole. Now, he has been re-arrested in sent to jail on 21.06.2021.
W.P. (CRL) 605/2022 page 1 of 4 Signature Not Verified Signed By:HARIOM Signing Date:30.11.2022 16:03:04 Such act of not surrendering in jail on due date after expiry of Parole/Furlough/Emergency Parole, on the part of convict Surender @ Bhola s/o Laxman, is a violation of prison Rules. Hence, he may be punished as per provisions of Delhi Jail Manual."
2.1 He is aggrieved with the said order and has filed the present petition on the ground that he was granted emergency parole on 07.04.2020 and the same was extended from time to time in view of the Covid-19 pandemic. The petitioner kept on calling jail authorities to know the date of his surrender and he was told that his emergency parole was extended from time to time. The petitioner was further assured that he will be informed well in advance to return back to Jail on the mobile phone of his mother, which he has shared with the authorities and the said phone was working at all times. No such intimation was given to the applicant/petitioner or to his mother. 2.2 Earlier on all occasions, the petitioner had surrendered on time as and when he was released on furlough; the petitioner has to look after his 65 years old widowed mother and two minor daughters; he undertakes to abide by all terms and conditions imposed upon him including a surety upto Rs. 10,000/. Under these circumstances, it has been prayed that the order dated 12.08.2021 be quashed and respondent be directed to release him on first spell of furlough of two weeks in the interest of justice.
3. Notice was issued. Status report has been filed reiterating the fact that the petitioner/convict was released on 09.03.2020, on furlough which was converted into emergency parole and extended from time-to-time due to Covid-19 pandemic till 16.02.2021. However, he did not surrender in jail on due date and jumped the emergency parole. Thereafter, he was re-arrested by W.P. (CRL) 605/2022 page 2 of 4 Signature Not Verified Signed By:HARIOM Signing Date:30.11.2022 16:03:04 police authority vide DD No. 06 dated 20.06.2021, PS Crime Branch, Dwarka, Sector-17 and sent to jail on 21.06.2021.
4. I have also seen the nominal roll which shows that the petitioner has undergone about 10 years, 7 months and 3 days actual incarceration and he has also earned about 3 years, 3 months and 2 days' remission; the petitioner was given life imprisonment in case FIR No. 55/2010 under Sections 302 IPC. Nominal roll shows that as and when the petitioner was granted furlough, he had surrendered on time except when he was granted emergency parole on 07.04.2020 and the same was extended from time to time but he did not surrender after the expiry of the said period. The petitioner has stated that he never had notice of the date on which he was supposed to surrender before the Jail Authorities.
5. Keeping in view the above facts and especially the conduct of the petitioner always surrendering on time, except on one occasion, after expiry of the furlough period, I am inclined to quash the order/notice dated 12.08.2021 and to further direct the respondent to release the present petitioner on first spell of furlough of two weeks subject to 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 on the following conditions:-
(i) He shall mark his presence before the SHO, police station Crime Branch, Dwarka, Sector-17 on every Wednesday between 9 to 10 a.m.;
(ii) He shall not leave India without permission of this Court;
(iii) He shall provide his mobile number to the concerned SHO and keep his mobile location app on at all times;
W.P. (CRL) 605/2022 page 3 of 4 Signature Not Verified Signed By:HARIOM Signing Date:30.11.2022 16:03:04 (iv) He shall surrender before the jail authorities on expiry of the period of his furlough.
5.1. The petitioner be released on furlough on completion of all the formalities which are required to be completed in addition to the above conditions for releasing him on furlough.
6. The writ petition is accordingly disposed of.
7. A copy of this order be sent to Jail Authorities for information and compliance.
TALWANT SINGH, J NOVEMBER 22, 2022/pa W.P. (CRL) 605/2022 page 4 of 4 Signature Not Verified Signed By:HARIOM Signing Date:30.11.2022 16:03:04