The Delhi High Court granted parole to the petitioner for four weeks to enable him to file a Special Leave Petition before the Supreme Court and maintain family ties, adhering to specific parole guidelines and conditions.
Petitioner ordered to be released on parole for four weeks on furnishing a personal bond of Rs.25,000/- with one surety.
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CHETAN ..... Petitioner Through: Mr M.L. Yadav, Adv. versus
STATE ( GOVT OF NCT OF DELHI) ... Respondent Through: Ms Megha alongwith Sub Inspector Sandeep Kumar Police Station Kalyanpuri, New Delhi and Mr Sanjay Gupta, Dy. Suptd., CJ-2, Tihar Jail
CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R % 12.01.2016
Vide this petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C, the petitioner seeks parole for a period of three month in order to enable him to file Special Leave Petition before the Hon’ble Supreme Court and to arrange funds and also to reconnect social ties with the society and his family.
Learned counsel for the petitioner submits that the petitioner was on regular bail w.e.f. 13.08.2003 till 17.08.2015 when after the dismissal of his Criminal Appeal, he was sent to Judicial Custody on 18.08.2015 and has been serving the sentence. During this period, he was never involved in any criminal activities nor there is any likelihood of the petitioner committing similar offence or jumping jail during the pendency of the appeal. Since the petitioner intends to prefer Special Leave before the Hon’ble Supreme Court as such, in order to enable him to engage Advocate, arrange funds and have social ties with the society, he be granted parole for a period of three months.
The address of the petitioner has been verified by the State as per the verification report. As per the nominal roll of the petitioner his conduct has been reported to be satisfactory. As such, in view of the parole guidelines 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”, the petitioner is ordered to be released on parole for a period of four weeks effective from the date of his release on furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court concerned. He is further directed to report to the concerned SHO, P.S. Kalyan Puri on every Monday at 10:00 am during this period. He is also directed not to contact the prosecutrix or any of her family members during this period or to indulge in any illegal activities.
Petitioner be informed through the Superintendent Jail.
Copy of the order be also sent to SHO, Police Station Kalyan Puri for information.
Petition stands disposed of accordingly.
Copy of the order be given dasti to counsel for the petitioner.
SUNITA GUPTA, J
JANUARY 12, 2016 rs
2 issues framed by the court
Whether the petitioner should be granted parole to file a Special Leave Petition and reconnect with family.
Whether the petitioner's satisfactory conduct and need to file SLP justifies parole under the stated guidelines.
3 provisions across 3 enactments
CHETAN
STATE ( GOVT OF NCT OF DELHI)
SUNITA GUPTA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
