Delhi High Court - Orders
Sonu @ Ashutosh Tiwari vs The State (Govt. Of Nct Of Delhi) on 15 January, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2209/2020
SONU @ ASHUTOSH TIWARI ..... Petitioner
Through: Mr. Salman Hashmi, Adv.
(DHCLSC)
versus
THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Through: Mr. Ashish Agarwal, ASC.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 15.01.2021 (through video conferencing) The petitioner vide the present petition has sought the quashing of the rejection order dated 08.09.2020 of the DS-Legal, PHQ, Delhi Prisons vide which the competent authority had rejected the case of the applicant seeking grant of emergency parole for a period 8 weeks in view of his unsatisfactory jail conduct of a recent punishment dated 14.01.2020 for recovery of a mobile phone.
The State has fairly submitted through the ASC for State that there is an error in the nominal roll that had been placed on record as issued by the Deputy Superintendent, Central Jail No.3, Tihar, New Delhi mentioning the recovery of a mobile phone from the applicant on 14.01.2020 and rather what was recovered from the applicant was some loose tobacco. It is further submitted on behalf of the State that there are other involvements of the applicant which include a physical scuffle with the co-accused on 30.04.2020 and a threat of filing a false complaint against the jail staff and Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:16.01.2021 13:18:09 This file is digitally signed by PS to HMJ ANU MALHOTRA.
creating a lot of nuisance on 07.02.2019.
The aspect of the address of the petitioner and the number of persons residing in his family with the petitioner's mother being an old aged lady is however verified, though it is brought forth also through the status report dated 12.01.2021 that the brother of the petitioner stays at his native address with his mother. The petitioner is indicated to be in custody for 9 years, 3 months and 11 days as on 17.10.2020 as per the nominal roll that has been received.
Taking the same into account, adopting a reformative approach, it is considered appropriate that the applicant is allowed to be released on parole for a period of 4 weeks from the date of his release on submission of a bond for a sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Superintendent Jail, Delhi with directions that:
• he shall keep his mobile phone on at all times; • he shall drop a pin on the Google map to ensure that his location is available to the State; • he shall under no circumstances leave the country; • he shall commit no offence whatsoever during the period that he is on parole;
• he shall surrender on the expiry of the 4 weeks to the concerned Superintendent Jail. The petition is disposed of.
ANU MALHOTRA, J JANUARY 15, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:16.01.2021 13:18:09 This file is digitally signed by PS to HMJ ANU MALHOTRA.