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Umesh vs State Of Nct Of Delhi on 23 March, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~38

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      W.P.(CRL) 152/2023

                                 UMESH                                                   ..... Petitioner

                                                    Through:    Mr. Rohan J. Alva, Advocate
                                                                (DHCLSC) via video-conferencing.

                                                    versus

                                 STATE OF NCT OF DELHI                                 ..... Respondent

                                                    Through:    Mr. Amit Peswani, Advocate on
                                                                behalf of Ms. Nandita Rao, ASC (Crl)
                                                                with SI Satyender Kumar, P.S: Tilak
                                                                Marg.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 23.03.2023 By way of the present petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner impugns order dated 09.01.2023, by which the respondent/State has rejected his application seeking parole.

2. The petitioner is serving life sentence, having been convicted on 23.12.2012 for offences arising from case FIR No. 130/2014 under section 326-A/34 of the Indian Penal Code, 1860 registered at P.S.:

Govindpuri.

3. Notice on the petition was issued on 19.01.2023; consequent whereupon status reports dated 08.02.2023 and 16.03.2023 have been filed.

4. Over the course of the various hearings in the matter, it was brought to the notice of this court that the petitioner's father and co-convict Hakim Singh was granted parole vide order dated 19.01.2023 made in W.P. (Crl.) No. 17/2023.

5. In view of the foregoing, Mr. Rohan J. Alva, learned counsel appearing for the petitioner, fairly conceded that in accordance with Rule 1212(2) of the Delhi Prison Rules 2018, since co-convicts are generally not granted parole simultaneously, the petitioner was willing to wait for his father's parole to get-over; and prayed that his parole petition be considered after his father surrenders.

6. Mr. Alva had also submitted, that to allay any apprehension on the part of the complainant/prosecutrix, the petitioner was willing to abide by the condition imposed on his father, to the effect that that he would confine himself to the NCT of Delhi; which would mean that he would neither travel to Faridabad (where the prosecutrix presently resides) nor to his native place in Mathura, Uttar Pradesh (where the prosecutrix's family ordinarily resides).

7. Relying upon status report dated 16.03.2023 filed in the matter, Mr.Amit Peswani, learned counsel appearing on behalf of Ms. Nandita Rao, learned ASC (Criminal) for the State submits that the petitioner's address in Mandawali, Delhi where he proposes to reside if granted parole, has been verified and found to be genuine. Counsel also submits that the petitioner's cousin, one Rahul, who stood surety Signature Not Verified Digitally Signed W.P.(CRL) 152/2023 Page 2 of 4 By:NEERAJ Signing Date:27.03.2023 16:25:50 for the petitioner's father, has also confirmed that he will also stand surety for the petitioner towards compliance of the condition of parole.

8. Most importantly, status report dated 16.03.2023 confirms that the petitioner's father Hakim Singh has since surrendered back to custody on 15.03.2023.

9. In view of the above, the present petition is allowed; thereby granting to the petitioner parole for 04 weeks from the date of his release subject to the following conditions:

9.1 The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand Only) with 01 surety in the like amount, from his cousin Rahul at whose place the petitioner states he will be residing while on parole, to the satisfaction of the Jail Superintendent;

9.2 The petitioner shall not leave the State of NCT of Delhi without permission of the court and shall ordinarily reside at the aforementioned address;

9.3 The petitioner shall report to the S.H.O., P.S.: Mandawali every Tuesday and Friday, between 11 a.m. and 11:30 a.m., to mark his presence. However, he will not be kept waiting for longer than an hour for this purpose;

9.4 The petitioner shall furnish to the S.H.O., P.S.: Mandawali a cell-

phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

9.5 If the petitioner has a passport, he shall surrender the same to the Jail Superintendent;

9.6 The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in any cases pending against him;

9.7 Upon expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.

10. Let a copy of this order be sent to the concerned Jail Superintendent, for information and compliance forthwith.

11. The petition is allowed and disposed-of in the above terms.

12. Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J MARCH 23, 2023 ds Signature Not Verified Digitally Signed W.P.(CRL) 152/2023 Page 4 of 4 By:NEERAJ Signing Date:27.03.2023 16:25:50