Delhi High Court
Surender Kumar @ Surender Tokas vs State Of Nct Of Delhi & Anr. on 16 September, 2020
$~3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 250/2020
% Decided on:16th September, 2020
SURENDER KUMAR @ SURENDER TOKAS ..... Appellant
Through: Mr.Sarthak Maggon, Adv.
Versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Rahul Mehra, Standing Counsel
with Ms.Kamna Vohra, APP and Mr.Chaitanya
Gusain, ASC for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.22782/2020 (exemptions from filing attested affidavit & court fees )
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file duly signed and affirmed affidavits within a
period of one week and the requisite Court fee within a period of 72 hours
from the date of resumption of regular functioning of the Court.
The application is disposed of.
LPA 250/2020
1. This Letters Patent Appeal has been preferred by the original
petitioner whose writ petition being W.P.(Crl.) No.1287/2020 was dismissed
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
by the learned Single Judge vide judgment and order dated 31 st August,
2020 (Annexure A-1 to the memo of this appeal), whereby the prayer of this
appellant for grant of parole was rejected.
2. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that as per Rule 1210(II) of
Delhi Prison Rules, 2018, if a prisoner has been awarded any minor
punishment, it is necessary for his conduct to be uniformly good for a period
of one year, in order to be eligible for parole. The said rule reads as under:-
"1210. In order to be eligible for release on parole in terms of
Rule above:-
I xxx xxx xxx
II. The conduct of the Prisoner who has been awarded major
punishment for any prison offence should have been
uniformly good for last two years from the date of
application and the conduct of Prisoner who has been
awarded minor punishment or no punishment for any
prison offence in prison should have been uniformly
good for last one year from the date of application"
3. Looking to the facts of the present case, this appellant (Original
Petitioner) was awarded minor punishment as, during the course of a raid
carried out on 29th January, 2020, a mobile phone and two SIM cards were
recovered from the room which was occupied by the appellant and one
another inmate. The minor punishment was awarded on the appellant by the
jail authorities, which was later also confirmed by the learned District &
Sessions Judge.
4. In view of these aspects of the matter, which are highlighted by the
learned Single Judge in the impugned judgment and order, especially in
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
paragraphs 2 to 4, we see no reason to entertain this appeal for grant of
parole. No error has been committed by the learned Single Judge while
deciding W.P.(Crl.) No.1287/2020 vide judgment and order dated 31st
August, 2020.
5. The appeal is accordingly dismissed.
CHIEF JUSTICE
PRATEEK JALAN, J
SEPTEMBER 16, 2020/'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:17.09.2020
08:19:42
