SUSHIL KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this petition, the petitioners seeks parole on the ground that he has to look after his old and paralyzed parents. The grievance of the Petitioner is that his parole application was rejected by the Jail Superintendent as the jail offence was committed by him on 17th July, 2009 and thus he was held not eligible for parole.

(2.) An affidavit of the Superintendent, Tihar jail has been filed according to which the conduct of the prisoner was required to be uniformly good and thus it was decided to consider the conduct of prisoner for the last three years for being eligible for parole. As per the affidavit, a fresh circular has been issued on 26th July. 2011. As per the circular, the record of last one year or since the admission to the prison, whichever is less will the considered for the prisoner who are eligible for parole. It has further been clarified in the said circular that henceforth Superintendent, Tihar Jail will have no power to retain the application of parole as the competency of grant of parole lies with the Government and the Superintendent, Tihar Jail shall send all parole application in time whether recommending the case in affirmative or in the negative.

(3.) The Petitioner was released on parole on 22nd July, 2009 in view of the order dated 16th March, 2009 passed by this Court. The Petitioner surrendered in time and did not misuse the concession of bail granted to him. It has been more than two years when the Petitioner committed jail offence when he hit a fellow convict with a welding stick.