Delhi High Court
Saurabh Sharma vs State Of Nct Of Delhi on 8 June, 2020
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.06.2020
+ W.P.(CRL) 828/2020
SAURABH SHARMA ..... Petitioner
versus
STATE OF NCT OF DELHI .....Respondent
Advocates who appeared in this case:
For the Petitioner: Ms.Dolly Raj Bahadur, Advocate.
For the Respondent: Ms.Nandita Rao, ASC for State.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner by this petition seeks grant of emergency parole for a
period of eight weeks.
3. Learned counsel for the petitioner submits that petitioner has already
undergone 12 years 9 month and 28 days of incarceration as on 09.05.2020
and earned remission of 1 year 6 months and 4 days and has been in
custody without any parole or furlough since the year 2013.
4. Learned counsel submits that since petitioner has never been granted
any parole or furlough for seven years, he may be granted emergency
parole for a period of eight weeks so that he can restore his family ties.
W.P(Crl) 828/2020 Page 1
5. Learned Additional Standing Counsel submits that petitioner was
declined emergency parole as he had escaped from custody during the
Court production at the Lucknow Court on 20.06.2013 and was re-arrested
on 04.07.2013 and he has also been convicted in two other cases.
6. Petitioner has been convicted for an offence under Section
120B/364A/34 IPC and sentenced to undergo life imprisonment and
imposed fine of Rs. 50,000/- and in default of payment of fine to undergo
further imprisonment for a period of one year. Petitioner has already
undergone 12 years 9 months and 28 days of incarceration as on 09.05.2020
and earned remission of 1 year 6 months and 4 days. With regard to the two
other cases in which the petitioner is stated to have been convicted, he has
already undergone the sentence and paid the fines imposed there under.
7. No doubt that petitioner had escaped from custody while being
produced in court but that was in the year 2013 i.e. nearly seven years ago.
Petitioner has not been granted any parole of furlough since then and has
been in custody continuously for a period of seven years and there in
nothing adverse reported about his jail conduct since the year 2013. He has
even been awarded a certificate of recognition on 26.01.2020. In my view,
petitioner should be given a chance to reform himself and show that he has
changed since the time he escaped from custody.
8. Keeping in view the peculiar facts and circumstances of the case and
also the fact that petitioner has been in custody continuously for a period of
seven years, without any parole or furlough, I deem it expedient to grant
parole to the petitioner for a period of six weeks.
9. Accordingly, on petitioner furnishing a bail bond in the sum of
W.P(Crl) 828/2020 Page 2
Rs.50,000/- with one surety of the like amount to the satisfaction of the
concerned Superintendent Jail, petitioner shall be released on parole for a
period of six weeks.
10. Petitioner is stated to be a permanent resident of South City, Rae
Bareilly Road, Lucknow. Petitioner shall report to the SHO of the
concerned police station within whose jurisdiction the residence of the
petitioner is situated i.e. South City, Rae Bareilly Road, Lucknow on every
Saturday. In case the SHO is not available, petitioner shall mark his
presence before the concerned duty officer. Petitioner shall also furnish to
the Investigating Officer his mobile number as well as his surety's mobile
number which shall be kept active during the said period. Petitioner shall
surrender before the concerned Superintendent Jail on the expiry of the
period of six weeks from his release.
11. Petition is allowed in the above terms.
12. Copy of the judgment be uploaded on the High Court website and be
also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
JUNE 08, 2020
rk
W.P(Crl) 828/2020 Page 3
