Mohinder Sharma vs State
2013 Latest Caselaw 3278 Del

Citation : 2013 Latest Caselaw 3278 Del
Judgement Date : 29 July, 2013

Delhi High Court

Mohinder Sharma vs State on 29 July, 2013

Author: Sunita Gupta

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(CRL) 1004/2013
                                      Date of Decision: 29th July, 2013


       MOHINDER SHARMA                             ..... Petitioner
                   Through             Ms. Nikita Sharma, Advocate

                          versus

       STATE                                       ..... Respondent
                          Through      Mr. Saleem Ahmed, ASC for
                                       State with Mr. Hemant Kumar,
                                       Advocate and SI Vijay, P.S
                                       Subhash Place.

CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA

                          JUDGMENT

: SUNITA GUPTA, J.

1. This is a petition under Article 226 of the Constitution of India

read with Section 482 Cr.P.C filed on behalf of the petitioner seeking

parole for a period of three months on the ground for filing of SLP

before the Hon'ble Supreme Court and to re-establish social ties with

family members.

2. Learned counsel for the petitioner submits that the petitioner

intends to file an SLP before the Supreme Court against the order of

this Court. Apart from this, the petitioner wants to re-establish social

ties with family members. Learned counsel for the petitioner submits

that the petitioner will not misuse the liberty of parole and the purpose

of his getting parole is only to file SLP before Supreme Court. He

further submits that in terms of Parole/Furlough Guidelines-2010

issued by the Government of National Capital Territory of Delhi, it is

open to the Government to consider the applications for grant of

parole inter alia on various grounds which also includes the ground of

filing of a Special Leave Petition before the Supreme Court of India

against a judgment delivered by the High Court convicting or

upholding the conviction, as the case may be. Counsel submits that in

the present case also, the petitioner is seeking parole for filing SLP

before the Supreme Court which is covered by ground 9.7, therefore,

the present petitioner may be granted parole for the said purpose. The

said guideline reads as under:-

"9.7 To pursue the filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be."

3. Status report has been filed by the State where the prayer is

opposed by the State. It has been submitted that the address given by

the applicant has been verified and found that applicant's father along

with his younger brother lived at the given address on rent. However,

the petitioner never resided on the given address. He does not have

any permanent address in Delhi. The applicant's father and younger

brother has been living at the given address for the last 3-4 years and

prior to that they had been living in Budhpur, Delhi and Azadpur. In

this regard it was submitted by learned counsel for the petitioner that

the premises at Azadpur and Budhpur were tenanted premises and

thereafter his father and brother shifted to Siraspur village, Delhi.

Since the petitioner is in custody, therefore, there was no question of

his residing at Siraspur village.

4. Considering the facts and circumstances of the case and the

fact that the petitioner is seeking parole for the purpose of filing

SLP before the Supreme Court, which is permissible under the

guidelines, the prayer for grant of parole is allowed and the

petitioner is granted parole for a period of one month from the

date of his release to enable him to file SLP in the Supreme Court,

on his furnishing personal bond in the sum of Rs.25,000/- with

one surety of the like amount to the satisfaction of the concerned

Jail Superintendent and subject to the following conditions:-

(i) During the period of parole, the petitioner shall report to the Duty Officer, P.S. Samaypur Badli on every Saturday at 10 AM.

(ii) The petitioner shall keep the SHO, P.S. Samaypur Badli, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both.