PREM SINGH Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Writ Petition has been preferred on behalf of the petitioner under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C. for issuance of writ of mandamus or any other suitable writ or orders thereby directing the respondent/competent authority to release the petitioner with immediate effect on parole for a period of four weeks as per order dtd. 10/3/2022 for re-establishing social ties with family and the society.

(2.) In brief, as per the case of the petitioner, he is in custody since 10/9/2009 and has undergone about 12 years in imprisonment out of the total sentence for 20 years without remission, in FIR No.206/2009, under Sec. 302/34 IPC, PS Adarsh Nagar. Further the petitioner is claimed to have an excellent record in jail, but despite order dtd. 10/3/2022, granting parole to the petitioner by Home (General) Department, Delhi Secretariat, the petitioner has not been released from jail. It is pointed out that several convicts released on parole during Covid period, pursuant to orders of the Court, are on parole and have failed to surrender and the petitioner has been declined the privilege in terms of Rule 1212 of Delhi Prisons Rules, 2018, since the co-accused has been released on parole.

(3.) In the status report filed on behalf of the State, it is admitted that the petitioner/convict has been granted parole for a period of four weeks by the Competent Authority, GNCT of Delhi, Home (General) Department, Delhi Secretariat as per order dtd. 10/3/2022. However, it is pointed out that the co-accused in the same FIR are on emergency parole since 15/5/2021 which has been extended from time to time and co-accused are not the family members of the petitioner as per definition of 'family' mentioned in Rule 1201 of Delhi Prison Rules, 2018. The petitioner as such is stated to be not entitled to be released on parole in terms of Note 2 of Rule 1212 of Delhi Prison Rules, 2018.