Bharat Bhandari vs State

#51
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 17.05.2016
+       W.P.(CRL) 1546/2016

        BHARAT BHANDARI                                ..... Petitioner
                    Through             Mr. Anwesh Madhukar, Advocate

                           versus

        STATE                                              ..... Respondent

Through Mr. Rahul Mehra, Standing Counsel (Crl.) with Mr. Jamal Akhtar, Adv.

SI Deep Chand, PS Vasant Vihar CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL)

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking a writ of mandamus to the competent authority to release the petitioner on parole in order to enable him to get proper treatment for aged parents; and to re-establish family and social ties.

2. The petitioner is aggrieved by the order dated 23rd February, 2016 whereby his representation for grant of parole on the above-stated grounds was rejected by the competent authority for the following reasons:- W.P.(CRL) 1546/2016 Page 1 of 5

"(i) The convict is not entitled for parole as per para 12.5 of Parole/Furlough Guidelines, 2010 which provides that "Parole would ordinarily be not granted except, if in the discretion of the competent authority special circumstances exist for grant of parole" (c) if prisoner is convict for multiple murders. The convict has committed murder of two persons.

(ii) Adverse police report which states that convict's father is residing at the given address as a tenant, with his son-in-law. They don't have any permanent address in India as the convict is native of Nepal."

3. Insofar as the reason founded on para 12.5 of the Parole/Furlough Guidelines: 2010 is concerned, the same cannot be countenanced in view of the circumstance that the petitioner was admittedly released on parole for four weeks by this Court by way of order dated 15th December, 2014, after due consideration of the said Guidelines. Insofar as the second reason ascribed by the competent authority whilst rejecting the petitioner's representation for parole, in the order impugned herein is concerned, the same is contrary to the record, inasmuch as, even on the last occasion when the petitioner was released on parole, he was admittedly residing at House No. 847, Radhika Apartment, Pocket-1, Sector 14, Dwarka, New Delhi (Police Station- Sector-14, Dwarka).

W.P.(CRL) 1546/2016 Page 2 of 5

4. Even otherwise, a perusal of the nominal roll qua the petitioner reveals that the petitioner has already undergone incarceration for more than eleven years and ten months out of the total sentence of life imprisonment awarded to him and his conduct in the jail since the inception of his incarceration has been satisfactory.

5. It is observed that the petitioner has been released on parole earlier and is not stated to have misused the liberty granted to him.

6. Further, it is an admitted position that the petitioner's family, which includes his aged parents as well as his sister and her family, reside in House No. 847, Radhika Apartment, Pocket-1, Sector 14, Dwarka, New Delhi.

7. It is trite to state that a person in long incarceration is entitled to parole in order to re-establish social and family ties and for his mental and physical well-being.

8. In view of the foregoing, I see no impediment in allowing the present writ petition.

9. Consequently, the petitioner is enlarged on parole for a period of four weeks from the date of his release on his furnishing a personal bond in the sum of Rs.15,000/- with one local surety of the like amount to the W.P.(CRL) 1546/2016 Page 3 of 5 satisfaction of the Jail Superintendent subject to the following conditions that:-

i) During the period of parole, the petitioner shall report to the Duty Officer, P.S. Vasant Vihar, Delhi on every Monday at 10 AM.

(ii) While submitting the personal bond, he will furnish to the Jail Superintendent, the address of the place where he would reside in Delhi during the period of parole as well as the contact numbers.

(iii) The petitioner shall keep the SHO, P.S. Vasant Vihar, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(iv) During the period of parole, the petitioner shall remain in Delhi and he shall not cross the border and try to contact the witnesses in any manner whatsoever.

(v) It is, however, made clear that on expiry of the parole period, the petitioner shall surrender before the concerned Jail Superintendent.

10. With the above directions, the writ petition is allowed and disposed of accordingly.

11. A copy of this order be sent to the Jail Superintendent for compliance and to be communicated to the petitioner.

SIDDHARTH MRIDUL, J MAY 17, 2016 sd W.P.(CRL) 1546/2016 Page 5 of 5