Delhi High Court - Orders
Dinesh Chand Yadav vs The State (Nct Of Delhi) on 20 December, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2277/2021
DINESH CHAND YADAV ..... Petitioner
Through: Mr. Mayank Mikhail Mukherjee,
Advocate from DHCLSC.
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through: Ms. Kamna Vohra, ASC with SI
Abhishek PS Pandav Nagar.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 20.12.2021
1. This is a petition filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking release on parole for a period of two months in FIR No. 629/2013 under Sections 328/376/392/411 IPC registered at Police Station Pandav Nagar.
2. It is submitted by learned counsel for the petitioner that petitioner is convicted vide judgment dated 21.11.2016 and order on sentence dated 09.12.2016. It is submitted that petitioner was sentenced to undergo rigorous imprisonment for ten years with fine of Rs.7,000/- for offence punishable under Sections 328/376/392/411 IPC. It is submitted that petitioner has preferred Criminal Appeal No. 451/2017 before this Court, which was dismissed and the conviction was upheld. It is further submitted that petitioner had filed the present writ petition seeking issuance of writ in the nature of certiorari seeking quashing of rejection order bearing letter no. F.No.18/246/2017/HG/454 dated 16.02.2021. It is further prayed that Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:23.12.2021 22:21 petitioner be released on parole for a period of two months on the ground of demise of his elder sister. It is submitted that the elder sister of the petitioner expired on 16.12.2020 due to illness. It is further submitted that petitioner needs to go out on parole to meet his family members and children of the deceased sister. It is submitted that petitioner could not even go to the cremation or other rituals of his sister. Learned counsel for the petitioner places reliance on Clause 1208 (ii) of the Delhi Prison Rules, 2018 which prescribes convicts entitlement to be released on parole on account of critical conditions in the family on account of accident or death of a family member.
3. Status report has been filed by the State along with certain annexure. I have perused the same.
4. I have heard learned counsel for the petitioner and learned ASC for the State. I have also perused the record.
5. As per nominal roll dated 17.12.2021, out of total sentence of ten years, the unexpired portion of sentenced of the petitioner is only one year.
6. It is submitted by learned counsel for the petitioner that after 25.12.2019 no punishment has been awarded to the petitioner. It is further submitted that petitioner needs to visit his family and wants to restore his family ties as he has not been granted parole for the last more than two years. It is submitted that lastly petitioner was released on parole on 07.06.2019 to 05.07.2019 by this Court and that he has not misused the indulgence granted to him.
7. On the other hand, it is submitted by learned ASC that sister of the petitioner died on 16.12.2020. It is further submitted that petitioner has three brothers and three sisters in his family and therefore there is no need Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:23.12.2021 22:21 for the petitioner to be released on parole. She has further argued on the lines of the status report filed by the State.
8. In the instant case, as per nominal roll dated 17.12.2021, the unexpired portion of sentence of the petitioner is only one year. Nominal roll further reveals that the conduct of the petitioner is satisfactory after 25.12.2019 and when released on parole on the last time, he had not misused the liberty granted to him.
9. Therefore, in the aforesaid circumstances, petitioner is granted parole for a period of four weeks from the date of his release on his furnishing personal bond in the sum of Rs.10,000/- with one surety in like amount to the satisfaction of the Jail Superintendent. The petitioner shall surrender before the Jail Superintendent on the expiry of the parole period.
10. A digitalized copy of this order be transmitted to the concerned Jail Superintendent.
11. The petition stands disposed of accordingly.
Dasti.
RAJNISH BHATNAGAR, J DECEMBER 20, 2021 AK Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:23.12.2021 22:21