Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 06.07.2023
Pronounced on: 16.08.2023
+ W.P.(CRL) 23/2023
CHANDRAKANT JHA ..... Petitioner
Through: Ms. Neha Kapoor, Advocate
(through VC)
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Anand V. Khatri, ASC for
the State with SI Parveen
Kumar, P.S.Hari Nagar.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
RAJNISH BHATNAGAR, J
1. By way of this petition filed under Article 226 of the
Constitution of India read with Section 482 of the Code of Criminal
Procedure, the petitioner is seeking parole for a period of 90 days in
FIR No. 243/2007 U/s 302/201 IPC, FIR No. 279/2007 U/s 302/201
IPC and FIR No. 609/2006, U/s 302/201 IPC registered at Police
Station Hari Nagar.
2. It is submitted by the learned counsel for the petitioner that the
petitioner has been denied parole vide impugned order dated
23.12.2022 only considering that the petitioner has been convicted in
multiple murders. She submitted that the said order has been passed
completely ignoring the fact that more than two years have elapsed
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since the last punishment was given to the petitioner and his jail
conduct has been satisfactory for the last two years. She further
submitted that even prior to January 2020 no punishment was ever
given to the petitioner in almost 13 years of his judicial custody. She
further submitted that the petitioner has undergone more than 15 years
and 6 months in custody and has been previously released five times
on parole and seven times on furlough.
3. She further submitted that the present petition has been made on
the ground that the petitioner has four daughters and he has to finalise
a suitable groom for the eldest daughter, namely, Jyoti and it is the
duty of the petitioner being her father to find a suitable match for her
and get her engaged as his wife alone shall not be able to handle
everything on her own and there is no other male member in the
family apart from the petitioner. Lastly, it has been pointed out by the
Ld. counsel for petitioner that the petitioner has not been released in
the last 3 years and thus, it has become extremely essential for him to
be released to re-establish social ties with his family.
4. On the other hand, Ld. ASC appearing for the State has argued
on the lines of the status report and has strongly opposed the present
petition on the ground that the petitioner has criminal antecedents and
has been convicted in three cases of murder. He further submitted that
the overall conduct of the petitioner is unsatisfactory and if released
on parole, the possibility of jumping the parole by the petitioner
cannot be ruled out.
5. Perusal of Status Report dated 13.01.2023 filed by the State
shows that it has been verified that the petitioner has five daughters
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out of whom one of his daughters, namely, Monika had expired on
11.04.2019. The wife of petitioner, namely, Mamta @ Maya is
currently residing alongwith her four daughters, namely, Jyoti,
Priyanka, Manisha and Kajal at Khasra No. 65/29, Flat No. 3 (1st
Floor), House Owner-Sudhir Rana/Urmila Rana, Rana Market (PNB
& SBI ATM Bank Building) Village Alipur, near Sarvodya Knaya
Vidyala, P.S. Alipur, Delhi and they are residing at the abovesaid
address as tenants since last four years.
6. For further adjudication, reliance can be placed on the judgment
passed by the Hon’ble Supreme Court in Asfaq v. State of Rajasthan,
(2017) 15 SCC 55, wherein it was observed and held as follows:
"20. Thus, not all people in prison are appropriate for grant of
furlough or parole. Obviously, society must isolate those who
show patterns of preying upon victims. Yet administrators
ought to encourage those offenders who demonstrate a
commitment to reconcile with society and whose behavior
shows that they aspire to live as law-abiding citizens. Thus,
parole programme should be used as a tool to shape such
adjustments ."
7. In the instant case, the petitioner has undergone more than 15
years and 6 months in judicial custody and he has not been released in
the last 3 years. The conduct of the petitioner is satisfactory, he has
also been released on parole on five occasions and furlough on seven
occasions and there is no allegation that the petitioner had misused his
liberty, therefore, this Court considers it apposite to allow the present
petition. Accordingly, the petition is allowed and petitioner is granted
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parole for a period of 90 days on the following conditions:
(i) The Petitioner shall furnish personal bond in the sum of
Rs.25,000/- with two sureties in the like amount to the
satisfaction of the concerned Jail Superintendent;
(ii) The petitioner shall provide his mobile phone number to
the concerned Jail Superintendent and SHO concerned at the
time of release, which shall be kept in working condition at all
times;
(iii) The petitioner shall not leave the NCT of Delhi without
the prior permission of this Court and shall reside at the given
address as per prison records;
(iv) The petitioner shall present himself before the S.H.O.,
P.S.: Hari Nagar every third day between 11:00 AM and 11:30
AM to mark his presence. However, he shall not be kept waiting
for longer than an hour for this purpose;
(v) The petitioner shall positively surrender before the
concerned Jail Superintendent on the expiry of the period of 90
days from the date of his release.
8. Therefore, the present petition along with pending application,
if any, is disposed of accordingly.
9. A copy of this order be sent forthwith to concerned Jail
Superintendent and SHO, Hari Nagar, through electronic mode.
RAJNISH BHATNAGAR, J
AUGUST 16, 2023 / ib
Signature Not Verified
Digitally Signed
By:INDU BHATTI
Signing Date:16.08.2023
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