Surender @ Babli vs State Nct Of Delhi
2011 Latest Caselaw 1100 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+             W.P.(CRL) 183/2011 & Crl.M.A.No.1548/2011


                                                        Decided on 23.2.2011
IN THE MATTER OF :

        SURENDER @ BABLI                ..... Petitioner
                      Through:Mr.Naresh K.Daksh, Adv.

                    versus

        STATE NCT OF DELHI                ..... Respondent
                       Through:Mr.Vikas Pahwa, ASC for State.

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may           No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?          No

     3. Whether the judgment should be                  No
        reported in the Digest?


HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioner under Article 226 of the

Constitution of India read with Section 482 Cr.P.C. praying inter alia for

grant of parole for a period of two months to enable him to attend the

ceremonies of marriage of his niece (Ms.Rakhi, daughter of Sh.Ratan Lal)

on 25th February, 2011. Parole has also been sought by the petitioner to

enable him to preserve his ties with society and to meet his family members.

2. Counsel for the petitioner states that vide impugned order dated 16 th

December, 2010 the aforesaid application of the petitioner was rejected by

the Government of NCT of Delhi on the ground that an adverse police report

had been given stating that he may jump the parole.

3. Status report was called from the respondents. As per the status

report, the petitioner was charged and convicted in the case arising from

F.I.R. No.48/2001 registered under Sections 302/398/34 IPC and

25/27/54/59 of the Arms Act at P.S.Narela. He was sentenced to undergo

rigorous imprisonment for life and pay a fine of `20,000/-, in default whereof,

undergo rigorous imprisonment for 10 months under Section 302/34 IPC and

undergo rigorous imprisonment for five years and a fine of `5,000/-, in

default whereof rigorous imprisonment for three months under Sections

393/34 IPC. He was further sentenced to undergo rigorous imprisonment for

seven years and pay a fine of `10,000/- in default whereof rigorous

imprisonment for five months under Sections 398/34 IPC and under Section

25 of the Arms Act he was sentenced to undergo rigorous imprisonment for

two years and pay a fine of `1,000/-, in default thereof to suffer rigorous

imprisonment for one month.

4. It is stated that an enquiry was conducted which revealed that the

marriage of Ms.Rakhi, daughter of Sh.Ratan Lal, was indeed intended to be

solemnized on 25th February, 2011. It is further stated in the status report

that the father and brother of the petitioner do not want the presence of the

petitioner in the marriage as his presence at the marriage would vitiate the

atmosphere.

5. Counsel for the petitioner refutes the aforesaid statements and states

that Sh.Rattan Lal, father of Ms.Rakhi is present in Court. He is duly

identified by the counsel, who hands over a copy of his Identity Card issued

by DDA, original of which is brought to Court. Sh.Rattan Lal denies that he

stated to the police that he did not desire the presence of the petitioner in

the marriage of his daughter. He submits that he will be happy if the

petitioner is permitted to participate in the marriage ceremonies.

6. While rejecting the application of parole, the Government of NCT has

mentioned that there is an adverse police report against the petitioner that

he is likely to jump the parole if the same is granted. However, there is no

such statement made in the status report.

7. Counsel for the petitioner states that the petitioner was granted parole

for two weeks in February last year, for filing a SLP in the Supreme Court

against the judgment of the Division Bench of this Court dated 2 nd

September, 2009. It is stated that after the expiry of the period of parole,

the petitioner voluntarily surrendered himself.

8. Having regard to the aforesaid facts and circumstances of the case,

the present petition is allowed. The petitioner is granted parole for a period

of two weeks on the following terms and conditions:-

(i) The petitioner shall furnish a personal bond in the sum of ` 20,000/-

with one local surety of the like amount to the satisfaction of the trial

court.

(ii) The petitioner shall mark his presence before the SHO of Police

Station: Narela at 10:00 AM on every Sunday and during the period of

parole, he shall not leave Delhi.

(iii) The petitioner shall furnish a telephone number to the Jail

Superintendent on which he can be contacted, if required. After his

release, he shall also inform his telephone number to the SHO of the

police station concerned.

(iv) The petitioner shall keep away from the area around the residence of

the victim and his family members.

(v) Immediately upon the expiry of period of parole, the petitioner shall

surrender himself before the Jail Superintendent.

(vi) The period of parole shall be counted from the day after the date when

the petitioner is released from jail.

9. The petition is disposed of, along with the pending application.

DASTI to the parties.

A copy of this order be forwarded by the Registry forthwith to the

Superintendent Jail for information and perusal.

HIMA KOHLI,J FEBRUARY 23, 2011 Bisht