CHIRANJI LAL 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 Cr.P.C praying inter alia for grant of parole for a period of 3 months for the purpose of filing a SLP before the Hon'ble Supreme Court of India, against the judgment dated 29.07.2009 passed by the High Court, dismissing Criminal Appeal No. 307/2007 and for re-establising social ties with his family members. The Petitioner has been sentenced to rigorous imprisonment for life by the Learned ASJ in FIR No. 436/2001 registered at PS Gokul Puri, under Sections 363/364-A/376/302 IPC.

(2.) The Counsel for the Petitioner states that the order dated 21.06.2010 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 ground that the Petitioner has been convicted for the rape and murder of a minor girl and hence, would not be eligible for parole as per the new parole/furlough guidelines of 2010. It further states that the Petitioner has a property near the residence of the victim's guardians and has a history of having threatened them in the past.

(3.) The nominal roll of the Petitioner was called for. As per the said nominal roll, against a quantum of sentence of life imprisonment and a fine of Rs. 3,000/- in default thereof, simple imprisonment for 3 months, the Petitioner has already undergone a sentence of eight years, seven months and nine days as on 14.07.2010 and earned remission for one year, two months and fifteen days. His jail conduct for the past one year is stated to be satisfactory.