Surender @ Babli vs State NCT of Delhi

Hima Kohli, J.—The present petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure praying inter alia for grant of parole for a period of two months to enable him to attend the ceremonies of marriage of his niece (Ms. Rakhi, daughter of Sh. Ratan Lal) on 25th February, 2011. Parole has also been sought by the Petitioner to enable him to preserve his ties with society and to meet his family members.

Counsel for the Petitioner states that vide impugned order dated 16th December, 2010 the aforesaid application of the Petitioner was rejected by the Government of NCT of Delhi on the ground that an adverse police report had been given stating that he may jump the parole.

Status report was called from the Respondents. As per the status report, the Petitioner was charged and convicted in the case arising from F.I.R. No. 48/2001 registered under Sections 302/398/34 IPC and 25/27/54/59 of the Arms Act at P.S. Narela. He was sentenced to undergo rigorous imprisonment for life and pay a fine of pay a fine of Rs. 20,000/-, in default 20,000/-, in default whereof, undergo rigorous imprisonment for 10 months u/s 302/34 IPC and undergo rigorous imprisonment for five years and a fine of Rs. 5,000/-, in default whereof rigorous imprisonment for three months under Sections 393/34 IPC. He was further sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 10,000/- in default whereof rigorous imprisonment for five months under Sections 398/34 IPC and u/s 25 of the Arms Act he was sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 1,000/-, in default thereof to suffer rigorous imprisonment for one month.

It is stated that an enquiry was conducted which revealed that the marriage of Ms. Rakhi, daughter of Sh. Ratan Lal, was indeed intended to be solemnized on 25th February 2011. It is further stated in the status report that the father and brother of the Petitioner do not want the presence of the Petitioner in the marriage, as his presence at the marriage would vitiate the atmosphere.

Counsel for the Petitioner refutes the aforesaid statements and states that Sh. Rattan Lal, father of Ms. Rakhi is present in Court. He is duly identified by the counsel, who hands over a copy of his Identity Card issued by DDA, original of which is brought to Court. Sh. Rattan Lal denies that he stated to the police that he did not desire the presence of the Petitioner in the marriage of his daughter. He submits that he will be happy if the Petitioner is permitted to participate in the marriage ceremonies.

While rejecting the application of parole, the Government of NCT has mentioned that there is an adverse police report against the Petitioner that he is likely to jump the parole if the same is granted. However, there is no such statement made in the status report.

Counsel for the Petitioner states that the Petitioner was granted parole for two weeks in February last year, for filing a SLP in the Supreme Court against the judgment of the Division Bench of this Court dated 2nd September, 2009. It is stated that after the expiry of the period of parole, the Petitioner voluntarily surrendered himself.

Having regard to the aforesaid facts and circumstances of the case, the present petition is allowed. The Petitioner is granted parole for a period of two weeks on the following terms and conditions:

(i) The Petitioner shall furnish a personal bond in the sum of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the trial court.

(ii) The Petitioner shall mark his presence before the SHO of Police Station: Narela at 10:00 AM on every Sunday and during the period of parole, he shall not leave Delhi.

(iii) The Petitioner shall furnish a telephone number to the Jail Superintendent on which he can be contacted, if required. After his release, he shall also inform his telephone number to the SHO of the police station concerned.

(iv) The Petitioner shall keep away from the area around the residence of the victim and his family members.

(v) Immediately upon the expiry of period of parole, the Petitioner shall surrender himself before the Jail Superintendent.

(vi) The period of parole shall be counted from the day after the date when the Petitioner is released from jail.

The petition is disposed of, along with the pending application. DASTI to the parties.

A copy of this order be forwarded by the Registry forthwith to the Superintendent Jail for information and perusal.