Bharat Bhandari vs State
2016 Latest Caselaw 3702 Del

Citation : 2016 Latest Caselaw 3702 Del
Judgement Date : 17 May, 2016

Delhi High Court

Bharat Bhandari vs State on 17 May, 2016

#51
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 17.05.2016
+       W.P.(CRL) 1546/2016

        BHARAT BHANDARI                                ..... Petitioner
                    Through             Mr. Anwesh Madhukar, Advocate

                           versus

        STATE                                              ..... Respondent

Through Mr. Rahul Mehra, Standing Counsel (Crl.) with Mr. Jamal Akhtar, Adv.

SI Deep Chand, PS Vasant Vihar

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

read with Section 482 of the Code of Criminal Procedure, 1973 seeking a

writ of mandamus to the competent authority to release the petitioner on

parole in order to enable him to get proper treatment for aged parents; and to

re-establish family and social ties.

2. The petitioner is aggrieved by the order dated 23rd February, 2016

whereby his representation for grant of parole on the above-stated grounds

was rejected by the competent authority for the following reasons:-

"(i) The convict is not entitled for parole as per para 12.5 of Parole/Furlough Guidelines, 2010 which provides that "Parole would ordinarily be not granted except, if in the discretion of the competent authority special circumstances exist for grant of parole" (c) if prisoner is convict for multiple murders. The convict has committed murder of two persons.

(ii) Adverse police report which states that convict's father is residing at the given address as a tenant, with his son-in-law. They don't have any permanent address in India as the convict is native of Nepal."

3. Insofar as the reason founded on para 12.5 of the Parole/Furlough

Guidelines: 2010 is concerned, the same cannot be countenanced in view of

the circumstance that the petitioner was admittedly released on parole for

four weeks by this Court by way of order dated 15th December, 2014, after

due consideration of the said Guidelines. Insofar as the second reason

ascribed by the competent authority whilst rejecting the petitioner's

representation for parole, in the order impugned herein is concerned, the

same is contrary to the record, inasmuch as, even on the last occasion when

the petitioner was released on parole, he was admittedly residing at House

No. 847, Radhika Apartment, Pocket-1, Sector 14, Dwarka, New Delhi

(Police Station- Sector-14, Dwarka).

4. Even otherwise, a perusal of the nominal roll qua the petitioner reveals

that the petitioner has already undergone incarceration for more than eleven

years and ten months out of the total sentence of life imprisonment awarded

to him and his conduct in the jail since the inception of his incarceration has

been satisfactory.

5. It is observed that the petitioner has been released on parole earlier

and is not stated to have misused the liberty granted to him.

6. Further, it is an admitted position that the petitioner's family, which

includes his aged parents as well as his sister and her family, reside in House

No. 847, Radhika Apartment, Pocket-1, Sector 14, Dwarka, New Delhi.

7. It is trite to state that a person in long incarceration is entitled to parole

in order to re-establish social and family ties and for his mental and physical

well-being.

8. In view of the foregoing, I see no impediment in allowing the present

writ petition.

9. Consequently, the petitioner is enlarged on parole for a period of four

weeks from the date of his release on his furnishing a personal bond in the

sum of Rs.15,000/- with one local surety of the like amount to the

satisfaction of the Jail Superintendent subject to the following conditions

that:-

i) During the period of parole, the petitioner shall report to the Duty Officer, P.S. Vasant Vihar, Delhi on every Monday at 10 AM.

(ii) While submitting the personal bond, he will furnish to the Jail Superintendent, the address of the place where he would reside in Delhi during the period of parole as well as the contact numbers.

(iii) The petitioner shall keep the SHO, P.S. Vasant Vihar, Delhi informed about his place of residence in Delhi and his contact numbers i.e. mobile, landline or both. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect.

(iv) During the period of parole, the petitioner shall remain in Delhi and he shall not cross the border and try to contact the witnesses in any manner whatsoever.