Delhi High Court
Gaurav Chadha vs State Nct Of Delhi on 24 May, 2023
Neutral Citation Number 2023:DHC:3720
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1329/2023
GAURAV CHADHA ..... Petitioner
Through: Mr. Sunil Upadhyay, Adv.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Saransh Adv. for Ms. Nandita
Rao, ASC for State with SI
SudeepPunia, PS Vikas puri.
% Date of Decision: 24th May, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. The present petition has been filed under Section 482 Cr. PC seeking
parole for three monthsin case FIR No. 217/09 registered at PS
Vikas Puri under sections 364A/302/201/34 IPC. The petitioner is in
custody after having been convicted in FIR No. 217/09 registered at
PS Vikas Puri under Sections 364A/302/201/34 IPC.
2. Earlier, the petitioner had moved a W.P. (Crl) 1048/2023 which was
disposed of vide order dated 20.04.2023. The competent authority
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:26.05.2023
15:23:35
Neutral Citation Number 2023:DHC:3720
was inter alia directed to decide the application of the petitioner
within one week. Pursuant to this, the competent authority vide order
dated 26.04.2023 rejected the application of the petitioner relying
upon Rule 1211 of Delhi Prisons Rules, 2018.
3. The Rule 1211 of Delhi Prisons Rules, 2018 provides that the Parole
shall not be granted on many grounds including if prisoner is
convicted for Murder after kidnapping for ransom except if in the
discretion of the competent authority, special circumstances exist for
the grant of parole.
4. Further, the learned counsel for the petitioner submits that the
competent authority did not consider the special circumstances
including the health condition of his father who is suffering from
abnormal movements, and brain injury and requires neurosurgery.
5. The state has filed the status report. In the status report, it has been
submitted that the address of the petitioner i.e. I-68A, Street No. 1,
9New Mahavir Nagar, Tilak Nagar, Delhi has been verified, and on
inquiry, it revealed that the petitioner is the only son of the parents
and his father Sh. Baljesh Chadha suffered a head injury in an
incident of fall on 02.04.2023 and presently is under treatment in
RML Hospital, Delhi for the same.
6. Taking into the account the facts and circumstances, the present
petition is allowed. The petitioner is directed to be released on parole
for a period of four weeks from the date of release, subject to :
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:26.05.2023
15:23:35
Neutral Citation Number 2023:DHC:3720
a. his furnishing personal bond with one local surety in the
sum of Rs.25,000/- to the satisfaction of the Jail
Superintendent;
b. he shall duly surrender at the end of the period of parole;
c. he shall provide his mobile phone number to the Jail
Superintendent at the time of his release, which shall be kept
in working condition at all times. The same shall not be
changed without prior intimation to the Jail Superintendent;
d. he shall also not indulge in any criminal activity during
the period of parole.
7. In view of the above, the present petition stands disposed of.
8. A copy of this order be communicated to the Jail Superintendent.
DINESH KUMAR SHARMA, J
MAY 24, 2023
Pallavi
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:26.05.2023
15:23:35
