(1.) The present writ petition is filed by the petitioner praying inter alia for releasing him on parole for a period of three months to enable him to search a suitable match for his marriageable daughter, transfer his son from the private school to a government school in the higher classes, and to re-establish social ties with his family and the society.
(2.) A status report is handed over by the learned ASC for the State and taken on record. Enclosed with the report is the rejection order dated 24.06.2010 passed by the Govt. of NCT of Delhi, on an application filed by the wife of the petitioner for parole. The request for parole was rejected on two grounds. Firstly, it was stated that the ground given for parole by the petitioner was not covered under the Parole/Furlough Guidelines, 2010. Secondly, it was stated that the petitioner had recently surrendered in jail in January 2010, and therefore, it was premature to grant parole to him. In the status report, it is averred that a report was called for from the concerned police authorities and as per the intimation received, the address given by the petitioner is genuine, the petitioners family is residing at the given address for the past four years, his daughter is 22 years of age and unmarried. The victim is stated to be residing at Inderpuri. Learned ASC for the State submits that the permanent address of the petitioner is at District Doasa, Rajasthan. However, in view of the address of the petitioner given in the memo of parties, which is situated at Gurgaon, Haryana, a report in respect of the petitioner was sought from the Commissioner of Police, Gurgaon and is enclosed with the status report. The same does not mention anything which is adverse to the petitioner.
(3.) The main reason for rejection of the request for grant of parole to the petitioner was the fact that he had surrendered in jail in January 2010 and the grounds taken by him for parole were not found covered under the Parole/Furlough Guidelines, 2010. In response, counsel for the petitioner relies on the nominal roll of the petitioner to state that he has already undergone sentence, including the undertrial period, for over two years and as far as his surrendering in jail in January 2010 is concerned, the said surrender was not pursuant to grant of any parole to the petitioner, but on account of dismissal of his appeal by a Single Bench of this Court.