Delhi High Court - Orders
Arvind Kumar vs State Nct Of Delhi on 22 July, 2022
Author: Asha Menon
Bench: Asha Menon
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 666/2022
ARVIND KUMAR ..... Petitioner
Through: Mr. Faraz, Advocate (DHCLSC), Mr.
Chandan Kumar and Ms. Vismita
Diwan, Advocates
Versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Rupali Bandhopadhya, ASC for
the State with Inspector Yogendra
Kumar
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 22.07.2022
1. This writ petition has been filed for quashing the order dated 24th February, 2022 and for issuing a writ of Mandamus directing the release of the petitioner on parole.
2. Mr. Faraz, Advocate (DHCLSC), learned counsel for the petitioner submits that the application of the petitioner was rejected vide the impugned order dated 24th February, 2022 placed on the record as Annexure-A on the ground that he had been awarded minor punishment and had also misused the privilege of Furlough previously granted to the petitioner when he was W.P.(CRL) 666/2022 Page 1 of 5 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.07.2022 20:11:13 granted furlough from 25th October, 2016 to 8th November, 2016 but failed to surrender and was re-arrested only on 14th February, 2019.
3. Relying on Tahir @Sahil Vs. State (GNCT Of Delhi) [Order dated 1st August, 2017 in W.P. (CRL) 1333/2017], Sunil vs. State (GNCT Of Delhi) [Order dated 15th March, 2022 in W.P. (CRL) 2550/2021] and Vinod vs. State of NCT of Delhi [Order dated 4th February, 2022 in W.P. (CRL) 2376/2021], the learned counsel submits that three years have passed since the re-arrest and therefore, a lenient view may be taken particularly as the mother of the petitioner is unwell and he also may be permitted to renew his family and social ties. Two years have also passed by from the punishment that was awarded to him in the jail. The minor punishment was awarded to him on 16th January, 2020 and therefore, there was no bar remaining, to deny him the benefit of parole.
4. Ms. Rupali Bandhopadhya, Additional Standing Counsel has submitted that the family of the petitioner comprises of his father and two siblings and the mother was being taken care of effectively. The misuse of furlough is sufficient ground to reject the present petition.
5. The Parole/Furlough: Guidelines 2010 [Order No.F.18/91-2009/HG dated 17th February 2010, enlists the grounds for Parole to be considered by the Government which are:-
9.1 Serious illness of a family member; 9.2 Critical conditions in the family on account of accident or death of a family member;W.P.(CRL) 666/2022 Page 2 of 5 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.07.2022 20:11:13
9.3 Marriage of any member of the family of the convict; 9.4 Delivery of a child by the wife of the convict if there is no other family member to take care of the spouse at home; 9.5 Serious damage to life or property of the family of the convict including damage caused by natural calamities; 9.6 To maintain family and social ties; 9.7 To pursue the filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be;
11. In order to be eligible for release on parole in terms of para 9 above:-
11.1 A convict must have served at least one year in prison excluding any period covered by remission; 11.2 The conduct in prison must have been uniformly good; 11.3 During the period of release on parole, if granted earlier, the convict should not have committed any crime; 11.4 The convict should not have violated any terms and conditions of the parole granted previously; 11.5 A minimum of six months ought to have elapsed from the date of termination of the previous parole.
6. In the present case, the petitioner is undergoing a life sentence for having committed offence under Section 302 read with 34 IPC. The Nominal Roll placed on the record indicates that he has already completed ten years six months and sixteen days as on 5th May, 2022 having also earned remission for two years, six months and fourteen days. The Nominal Roll indicates that since 2014, this Court as also the DG (Prisons), has granted parole and furlough for various time periods and it was on the last W.P.(CRL) 666/2022 Page 3 of 5 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.07.2022 20:11:13 occasion when two weeks Furlough from 25th October, 2016 to 8th November, 2016 was granted, that the petitioner had not surrendered and was re-arrested almost two and a half years later. The explanation offered is the demise of the brother in law.
7. Be that as it may, since the Status Report indicates a permanent residence is available to the petitioner and the purpose of parole is also the continuance of family and social ties as recognized in the Parole guidelines, and the fact that more than three years have been lapsed from his re-arrest on 14th February, 2019, it is considered appropriate that the petitioner be released on parole on the following conditions;
(i) The applicant shall furnish a personal bond in the sum of Rs.10,000/- with one surety in the like amount, to the satisfaction of the Jail Superintendent;
(ii) He shall continue to reside in H.No.124, Gali No.10, Himgiri Enclave, B Block Sant Nagar, Burari, New Delhi.
(iii) The applicant shall not leave NCT of Delhi without orders of the learned Trial Court;
(iv) The SHO is directed to accept the bail bond only after verifying the address of the applicant and surety.
(v) The applicant shall furnish his mobile phone/landline number and residential address as well as that of his surety to the I.O./SHO concerned and both shall keep their mobile/landline phones operational at all times during this period and in the event of any change of the same, will W.P.(CRL) 666/2022 Page 4 of 5 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.07.2022 20:11:13 immediately inform the same to the I.O./SHO; and,
(vi) The applicant shall drop a pin location on Google Maps so that the location of the petitioner is available to the Investigating Officer.
8. A copy of this order be sent to the jail for information of the applicant.
9. The order be uploaded on the website forthwith.
ASHA MENON, J JULY 22, 2022/ak W.P.(CRL) 666/2022 Page 5 of 5 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.07.2022 20:11:13