Delhi High Court
Neeraj vs State on 25 March, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 382/2015
Date of Decision: 25th March, 2015
NEERAJ ..... Petitioner
Through: Mr Puneet Singhal, Advocate
versus
STATE ..... Respondent
Through: Mr O.P. Saxena, Additional Public
Prosecutor for the State for Mr. Saleem
Ahmed, ASC for State alongwith SI Sunil,
P.S Tilak Marg, New Delhi
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
ORAL
: 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
(3) months for engaging a private counsel in order to file an SLP before the Hon'ble
Supreme Court of India and to maintain family bonding and re-establishing social ties.
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 maintain family bonding and re-establishing social ties. 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 Investigating Officer visited the house of petitioner
and found that his family members have been living at Servant Quarter and has no
permanent address as such stringent conditions may be imposed upon petitioner in case
parole is granted to him.
4. Considering all 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 three (3) weeks 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. Tilak Marg, New Delhi on every Wednesday
and Saturday at 10 AM.
(ii) The petitioner shall keep the SHO, P.S. P.S. Tilak Marg, New
Delhi informed about his place of residence in Delhi and his
contact numbers i.e. mobile, landline or both.
(iii) During the period of parole, the petitioner shall remain in Delhi
and he shall not cross the border/limits of NCT of Delhi.
5. It is, however, made clear that on expiry of the parole period of three (3) weeks,
the petitioner shall surrender before the concerned Jail Superintendent, who shall
submit the surrender report to this Court alongwith the particulars of the SLP filed by
the petitioner before the Supreme Court.
6. Petition stands disposed of accordingly.
Copy of order be sent to the SHO, PS Tilak Marg for information.
A copy of this order be given dasti under the signatures of the Court Master to
counsel for the petitioner.
SUNITA GUPTA (JUDGE)
March 25, 2015/rd
