Delhi High Court
Shambhu Nath vs State on 16 December, 2015
Author: Siddharth Mridul
#36
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.12.2015
W.P.(CRL) 2968/2015
SHAMBHU NATH ..... Petitioner
Through: Ms. Sunita Arora, Advocate for Mr.
Krishan Kumar, Advocate
versus
STATE ..... Respondent
Through: Mr. R.S. Kundu, ASC (Criminal) with
Ms. Garima Singh, Advocate
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
praying for a direction to the official respondent to release the petitioner on
parole in order to enable him to prefer an SLP before the Hon'ble Supreme
Court of India as well as for maintaining social ties with family and society.
2. The petitioner is aggrieved by the order dated 04.11.2015 whereby his
application for parole on the above ground was rejected by the Competent
Authority for the following reasons:-
"...... rejected in the absence of police verification
report from SSP, District Motihari, Bihar, which
could not be obtained despite several request of Prison
Department. As per police authority report, the Addl.
DCP/North states that ground taken for parole are not
seems to be genuine & convict may jump the parole.
The convict, if desire so, can file SLP from the
jail itself, where free legal aid is available to the
convicts."
3. The reasons stated by the Competent Authority in the impugned order
dated 04.11.2015 whilst rejecting the petitioner's representation for grant of
parole are specious, without any material and contrary to the circumstances
that the petitioner was released on interim bail by this Court w.e.f.
07.04.2014 to 22.04.2014 and is not stated to have misused the liberty
granted to him.
4. A status report has been filed on behalf of the official respondent. The
same is taken on record.
5. A perusal of the nominal roll qua the petitioner reveals that the
petitioner has already undergone four years and three months incarceration
out of the total sentence of ten years awarded to him by this Court. The
conduct of the petitioner in jail has been satisfactory since the inception of
his incarceration.
6. It is trite to say that there are number of judicial pronouncements in
which it has been held that a person in long incarceration is entitled to be
released on parole for a month in a year to re-establish social ties and for
physical and mental well being. Further, it is the constitutional right of every
convict to be released on parole in order to prosecute proceedings before a
higher court.
7. In the circumstances, since the petitioner wants to assail the judgment
dated 10.08.2015, whereby his appeal being CRL.A.No.02/2013 was
dismissed, by preferring an SLP against the said judgment and order, the
petitioner is enlarged on parole for the period of four weeks from the date of
his release subject to his furnishing a personal bond in the sum of Rs.5,000/-
(Rupees Five Thousand) with one surety of the like amount to the
satisfaction of the Jail Superintendent, Tihar subject to the following
conditions:-
(i) During the period the petitioner remains out on parole,
he shall report to the SHO, Police Station- Kashmere
Gate, Delhi, Delhi, once a week on every Friday.
(ii) The petitioner shall also provide the SHO, Police
Station- Kashmere Gate, Delhi with his mobile
telephone number which he undertakes to keep
operational.
(iii) The petitioner shall not leave the National Capital
Territory of Delhi during the period of parole, without
the prior permission of this Court
(iv) The petitioner is directed to surrender before the jail
authorities at the expiry of the period of parole.
8. The writ petition is disposed of accordingly.
9. A copy of this order be sent to the Jail Superintendent, Tihar for
necessary compliance and communication of the same to the petitioner.
SIDDHARTH MRIDUL, J
DECEMBER 16, 2015
dn
