Delhi High Court Grants Three Weeks Parole To NDPS Convict For Arranging Funds For Payment Of Fine

The Delhi High Court has granted three weeks parole to a man convicted under the NDPS Act on the ground of arranging funds for payment of fine in terms of the sentence awarded to him, as well as for re-establishing social ties with his family.

Justice Anoop Kumar Mendiratta observed that there were sufficient reasons for releasing the convict on parole, subject to him furnishing a personal bond of Rs. 25,000 to the satisfaction of the concerned jail superintendent.

This Court is of the considered opinion that since the parole apart from re-establishing social ties, is sought on the ground of arranging funds for payment of fine, there appear to be sufficient reasons for releasing the petitioner on parole,” the court said.

Harish Yadav was convicted in the case and was sentenced to 10 years. He was further sentenced to simple imprisonment of six months in default of payment of fine. It was his case that he had already undergone imprisonment of almost 09 years and 11 months till date.

The competent authority had rejected his plea for parole on the ground that his request on the ground of social ties being generic did not attract exceptional conditions to qualify relief under Rule 1211 of the Delhi Prison Rules, 2018.

He submitted that he had sought parole to re-establish social ties with his family members, as well as to explore the possibility of making arrangement of payment of fine, since he was required to undergo imprisonment, in default for a period of six months in the event fine was not deposited.

Justice Mendiratta said that Yadav had been in custody for a further period of time and has almost completed his substantive sentence. The court also said that his jail conduct was satisfactory and the emergency parole availed by him in 2021 was not misused.

“Considering the facts and circumstances, petitioner is directed to be released on parole for a period of three weeks from the date of his release subject to furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of Jail Superintendent (concerned). Petitioner shall surrender immediately after expiry of parole period before the Jail Superintendent,” the court said while disposing of the plea.

Counsel for Petitioner: Mr.Biswajit Kumar Patra (DHCLSC) and Mr.Vaibhav Jain, Advocates

Counsel for Respondent: Mr.Sanjeev Bhandari, ASC with Mr.Kunal Mittal and Mr.Arjit Sharma, Advocates

Title: HARISH YADAV v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 289

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