SIKANDAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a writ petition preferred on behalf of the petitioner under Article 226 of the Constitution of India read with Sec. 482 Cr.PC whereby it is prayed as under:

(2.) In brief, the petitioner approached the Competent Authority for grant of parole for a period of three months in order to maintain social ties and family relations, to curb inner stress due to prolonged incarceration and to offer prayers at the grave of his deceased mother. The request of the petitioner was rejected by the Competent Authority vide order dtd. 22/11/2021 on following grounds:

(3.) Aggrieved by the aforesaid order dtd. 22/11/2021, the present petition has been preferred for release on parole. Learned counsel for the petitioner submits that the rejection order has been passed on stereo type grounds and the petitioner has already undergone 16 years and 6 months incarceration. It is also submitted that the petitioner lastly availed parole for 30 days as granted in term of W.P. (Crl.) No.1556/2020 from 25/11/2020 to 26/12/2020 and did not misuse the liberty. It is also contended that the rejection of parole for multiple murders is untenable in the eyes of law, since the respondent failed to appreciate that earlier also parole was granted to the petitioner. The punishments dtd. 12/8/2021 and 15/8/2021 are stated to be pending approval before the jail visiting Judge. It is also submitted that the petitioner 's family comprises of his brother namely Rashid, who is co-accused in the present case and presently out on emergency parole, three sisters and is having deep roots in the society. Reliance is also placed upon (i) Vinod Vs. State of NCT of Delhi W.P.(Crl.) No.2376/2021 decided on 4/2/2022, (ii) Shahjahan Vs. State W.P. (Crl.) No.3945/2018 decided on 18/2/2019, (iii) Asfaq Vs. State of Rajasthan and Ors. (2017) 15 SCC 55, (iv) Sonu @ Ashutosh Tiwari Vs. The State (Govt. of NCT of Delhi) passed in W.P. (Crl.) No.2209/2020 decided on 15/1/2021 and (v) Ms. Kiran Vs. State passed in W.P. (Crl.) No.74/2019 decided on 14/1/2019.