On Monday, while granting bail to a convict, the Delhi High Court has put making weekly video call to the IO as one of the condition.
CASE FACTS
The petitioner has been convicted under Section-302 IPC and has been awarded Life Imprisonment.
The petitioner was awarded punishments twice, while the first punishment has been descried as a ‘minor punishment’, the second has been described as a ‘major punishment’.The nominal roll also records that the petitioner has served-out his sentence of 2 years after being convicted under Section 25/54/59 of the Arms Act. The petitioner is also an accused in FIR under Sections 365/327 IPC in which matter he is on bail. Other than that, the nominal roll recites that petitioner’s jail conduct is satisfactory in the last 1 year.
Notably, as per the nominal roll, the petitioner was granted interim bail/parole/furlough on 4 occasions. The status recites that the petitioner’s mother who us bedridden is taking care of his 2 minor children, the wife having been the victim of the offence. She lives in area which falls under containment zone under the prevailing lockdown due to Covid-19.
ARGUEMENTS
It was submitted by the Learned Counsel of the petitioner that punishment awarded to him for recovery of a phonecharger from a common toilet is not a ‘major punishment’ and he has been granted parole on 2 occasions after this. Counsel further contended that as per the nominal roll itself, the petitioner’s conduct in jail has been satisfactory for the last 1 year.
Learned ASC for the State on the other hand submitted that as per Order dated 27.03.2020 issued by Government of NCT of Delhi, the petitioner is not entitled to ‘emergency parole’ on grounds of the pandemic as his conduct in jail is not ‘satisfactory’ since ‘satisfactory conduct’ has been defined to mean that the convict should not have indulged in any misconduct in the last 3 years.
COURT OBSERVATION
The Court noted that as per the provisions of the Delhi Prison Rules 2018 and order so issud on 27.03.2020 even assuming that the prisoner has been awarded major punishment, the requirement for ‘emergency parole’ is the the prisoner should have been good for the last 02 years, which period is over in the petitioner’s case.
Secondly, the Court stated that order dated 27.03.2020 for grant of ‘emergency parole’ on account of the prevailing pandemic, would not detract from the petitioner’s eligibility to avail ordinary parole that he is entitled to under the Delhi Prison Rules.
It thus granted bail to the petitioner under certain conditions, one of which was:
The order has been passed by JUSTICE ANUP JAIRAM BHAMBHANI on 01-06-2020.
Read Order Here:
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