Delhi High Court
Rajkumar @ Linder vs State Of The Nct Of Delhi on 21 December, 2009
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1670/2009
RAJKUMAR @ LINDER ..... Petitioner
Through: Mr. V. Madhukar and Mr. Paritosh
Anil, Advs.
versus
STATE OF THE NCT OF DELHI ..... Respondent
Through: Mr. Saleem Ahmed, ASC with
SI Onkar Singh, P.S. Vivek Vihar.
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
ORDER
% 21.12.2009
This is a petition under Article 226 of the Constitution challenging
the order dated 31st July, 2009, whereby the parole was denied to the
petitioner.
The petitioner was convicted in a case under Sections
392/394/397 of the IPC and his Appeal was dismissed by this Court vide
its judgment dated 28th April, 2009 in Criminal Appeal No. 426/2006.
He has sought grant of parole in order to file Special Leave Petition
against the order of this Court dismissing his appeal and also to renew
social ties with the family members and the society.
The application of the petitioner, for grant of parole, was rejected
vide order dated 31st July, 2009 on the following grounds:
1. Adverse police report regarding breach of law & order.
2. The convict can file SLP from Jail itself, where free legal aid is
available.
Since the order passed by the respondent did not specify what
exactly was the adverse police report, referred in the order, the
respondent was directed to produce adverse police report, pursuant to
which parole was denied to the petitioner. The status report would
show that the petitioner is a History Sheeter of Police Station Vivek Vihar
since 28th February, 1998 and has been involved in 16 different cases in
Delhi and U.P. A list of the cases, filed by the respondent, would show
that he has been acquitted in a number of them. He was, however,
convicted in a case under Section 61 of Punjab Excise Act. He is also
facing trial in a case under Sections 398/401 of IPC and two cases under
Arms Act.
During the course of enquiry on the application of the petitioner
for grant of parole, police recorded the statement of the mother of the
petitioner. The mother of the petitioner expressed desire that he
should not come out of the Jail till he undergoes the sentence awarded
to him, as she apprehends that he might commit breach of peace if he
comes out of the Jail and may trouble them. SI Onkar Singh of Police
Station Vivek Vihar, who is present in the Court, states that the
neighbours had only verbally told him that the petitioner should not
come out of the Jail as they are terrified of him and are not willing to go
on record against him.
Considering the involvement of the petitioner in a number of
cases, including that he is still facing trial in three cases, including a
case of dacoity, there is a reasonable apprehension that if granted
parole, the petitioner may not return to Jail to undergo the remaining
portion of sentence awarded to him. If there is a reasonable
apprehension of the convict jumping the parole and his request for grant
of parole is declined on that ground, the order of the respondent,
rejecting parole, in these circumstances cannot be said to be based on
irrelevant consideration or on extraneous material and no fault can be
found with such an order.
However, in order to ensure that the petitioner does not suffer on
account of rejection of parole, the Supreme Court Legal Services
Committee is requested to make available services of a competent
counsel for the purpose of filing Special Leave Petition on his behalf.
The respondent shall provide adequate opportunity of interview with the
petitioner to the counsel either in person or through video conferencing,
whatever mode the counsel desires. Fee and other charges of the
counsel, unless borne by the Supreme Court Legal Services Committee,
will be borne by the respondent.
With these directions, W.P.(CRL) 1670/2009 stands disposed of.
One copy of this order be sent to the Supreme Court Legal
Services Committee for information and necessary action.
One copy of order be sent to the petitioner though Jail
Superintendent.
V.K. JAIN, J
DECEMBER 21, 2009
Ag
