Delhi High Court
Tej Pal Singh vs The State (Gnct Of Delhi) & Anr on 4 March, 2016
Author: Suresh Kait
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 04th March, 2016
+ W.P. (CRL) No.733/2016
TEJ PAL SINGH
..... Petitioner
Represented by: Mr.Suraj Rathi, Adv
versus
THE STATE (GNCT OF DELHI) & ANR
..... Respondents
Represented by: Mr.Rajbir Singh Kundu,
ASC (Crl) with SI Badri
Prasad, PS Connaught
Place, New Delhi for R1.
Mr.Manoj Bhandari &
Mr.Sunil Sehgal, Advs for
R2/CBI.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A. No.4104/2016 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
W.P. (CRL) No.733/2016
1. By way of this petition petitioner seeks direction for grant of
parole for a period of one month on the ground that the marriage of his
niece Ms.Preeti (daughter of his real sister) will be solemnised on
06.03.2016 at Village & P.O. Pawla Begmabad, District Baghpat, Uttar
Pradesh.
2. The petitioner being the maternal uncle (mama) it is obligatory
for him to attend the marriage as he has to perform various ceremonies
in the said marriage and also give bhaat for which he has also to
arrange funds etc.
3. The other grounds taken by the petitioner are that he has to
search a suitable match for the marriage of his elder son namely Rahul
Dixit aged 27 years; to maintain a minimum level of self worth and
confidence and to develop a positive attitude and interest in life.
4. For the aforesaid relief, the petitioner has already moved an
application on 01.02.2016 before the Superintendent Jail for grant of
parole for one month. Since the said application was not decided,
therefore, the petitioner was compelled to file a Writ Petition (Crl)
No.622/2016 and same was disposed of vide order dated 01.03.2016 by
this Court on the statement of Additional Standing Counsel (Criminal)
that the representation of parole filed on behalf of petitioner shall be
disposed of in accordance with law and rules within a period of three
working days with intimation to the petitioner. However, till date, the
said application of petitioner has not been decided.
5. Notice issued.
6. Mr.Kundu, learned ASC (Crl) on behalf of the State/respondent
No.1 as well as Mr.Manoj Bhandari, learned counsel on behalf of the
CBI/ respondent No.2 accepts notice. Both of them submit that parole
application of petitioner for one month is still pending. However, the
marriage factum has been duly verified by SI Badri Prasad, police
station Connaught Place, New Delhi.
7. Keeping in view of the fact that marriage of niece of petitioner is
on 06.03.2016 and as per the marriage card, the functions and rituals
are between 08.00AM to 05.00PM. Thus, jail authorities are directed to
take the petitioner in custody parole for one day on 06.03.2016 to
enable him to attend the marriage functions at above said venue in
Baghpat, UP. The police officers are directed to remain at the
marriage venue till 05.00PM and thereafter bring the petitioner back to
Delhi. The sleuths will accompany the petitioner in plain clothes.
8. As far as other grounds as urged in the petition for release on
parole for one month, the application of petitioner is stated to be still
pending before the competent authority. If the petitioner is still
aggrieved by the decision thereon, he may approach this Court afresh.
9. In above terms, instant petition is allowed and disposed of.
10. Copy of this order be transmitted to the jail authorities for timely
compliance.
SURESH KAIT
(JUDGE)
MARCH 04, 2016
M
