CHANDER PRAKASH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying inter alia for grant of parole for a period of 3 months to engage competent counsel for filing a SLP before the Hon'ble Supreme Court of India, against the judgment dated 15.04.2010 passed by the High Court, dismissing Criminal Appeal No. 542/2008 and for maintaining social relations with his family members. The Petitioner has been sentenced to undergo rigorous imprisonment for life by the Learned ASJ in FIR No. 859/2004 registered at PS Sangam Vihar, under Sections 302/201/34 IPC.

(2.) The Counsel for the Petitioner states that the order dated 03.08.2010 passed by the Govt. of NCT of Delhi, rejecting the application of the Petitioner for grant of parole may be set aside. A perusal of the order of rejection shows that parole has been denied on the grounds that the Petitioner was punished for committing jail offence on 06.11.2001, 07.11.2001, 30.05.2008 and hence the Petitioner was not eligible to apply to Govt. of NCT of Delhi for grant of parole in terms of Para No. 11.2 of Parole/ Furlough Guidelines 2010.

(3.) The nominal roll of the Petitioner was called for. As per the said nominal roll, against a quantum of sentence of rigorous imprisonment for life and a fine of Rs. 2,000/- in default thereof, rigorous imprisonment for two years, the Petitioner has already undergone a sentence of five years, nine months and four days as on 23.09.2010 and earned remission for one month and four days. His jail conduct for the past one year is stated to be satisfactory.