#24
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.01.2016
W.P.(CRL) 91/2016
SUBHASH CHAND ..... Petitioner
Through: Mr. Suraj Rathi, Advocate
versus
THE STATE & ORS ..... Respondents
Through: Mr. Ashish Aggarwal, ASC (Criminal) with Mr. Piyush Singhal, Advocate with SI Badri Prasad, PS-
Connaught Place for R-1 Mr. Sanjeev Bhandari, SPP for R-2 CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL) CRL.M.A.487/2016 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly. W.P.(CRL) 91/2016
1. The present is a petition under Article 226 of the Constitution of India praying for a direction to the official respondent to release the petitioner on W.P.(CRL) 91/2016 Page 1 of 4 parole in order to enable him to organize finance and attend the marriage of his son Amit Kumar, scheduled to be performed on 11.02.2016.
2. The petitioner had earlier instituted a similar petition being W.P. (CRL) No.3061/2015, which was disposed of by this Court by way of the order dated 22.12.2015 which is as under:-
" Mr. Mahajan, learned counsel appearing on behalf of the official respondent/respondent No.1, states that the representation filed by the petitioner seeking parole which is pending before the competent authority shall be disposed of in accordance with law within a period of five working days from today under intimation to the petitioner. Ordered accordingly.
In view of the above, counsel appearing on behalf of the petitioner seeks leave to withdraw this petition at this stage with liberty to approach this court in the event he is aggrieved by the order passed by the competent authority.
Leave and liberty granted. The writ petition is dismissed as withdrawn and disposed of accordingly.
Dasti."
3. It is an admitted position that despite the order dated 22.12.2015 passed by this Court, the competent authority has failed to dispose of the petitioner's representation seeking parole on the afore-stated grounds, as W.P.(CRL) 91/2016 Page 2 of 4 directed. No response has been forthcoming from the official respondents in this behalf.
4. The competent authority, in these circumstances, is directed to furnish an explanation qua its inertia, despite directions issued by this Court, within a period of two weeks from today, supported by an affidavit.
5. As above mentioned, the marriage of the petitioner's son Amit Kumar is scheduled for 11.02.2016. The marriage is scheduled to be performed in village Khandarai, Tehsil Gohana, Sonepat, Haryana. The factum of marriage and the address of the venue where it is scheduled to be performed has been verified.
6. In view of the foregoing, I see no impendent in allowing the present petition. The petitioner is directed to be released on parole for a period of one month from the date of his release subject to his furnishing a personal bond in the sum of Rs.15,000/- with one local surety of the like amount to the satisfaction of the trial court subject to the following conditions:-
(i) During the period the petitioner remains out on parole, he shall report to the SHO, Police Station- Khanpur Kalan, Tehsil Gohana, Sonepat, Haryana, once a week on every Thursday.W.P.(CRL) 91/2016 Page 3 of 4
(ii) The petitioner shall also provide the SHO, Police Station- Khanpur Kalan, Tehsil Gohana, Sonepat, Haryana with his mobile telephone number which he undertakes to keep operational.
(iii) The petitioner shall not leave the jurisdiction of Police Station- Khanpur Kalan, Tehsil Gohana, Sonepat, Haryana during the period of parole, without the prior permission of this Court except to surrender before the jail authorities.
(iv) The petitioner is directed to surrender before the jail authorities at the expiry of the period of parole.
7. The writ petition is allowed and disposed of accordingly.
8. The explanation supported by an affidavit, as directed above, to be furnished by the competent authority may, however, be placed before this Court once received.
9. A copy of this order be sent to the Superintendent, Central Jail, Tihar for necessary information and compliance. A copy of this order be given dasti under the signature of Court Master to counsel for the parties.
SIDDHARTH MRIDUL, J JANUARY 12, 2016 dn W.P.(CRL) 91/2016 Page 4 of 4