RAKESH @DIWAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 226 of the Constitution of India read with Sec. 482 Cr.P.C. for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of eight weeks on the grounds of filing Special Leave Petition (for short, 'SLP ').

(2.) Mr. Faraz Maqbool, learned counsel for petitioner, submitted that the petitioner has been convicted for the offence under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act ") vide judgment dtd. 19/12/2019 and has been sentenced to undergo rigorous imprisonment for a period of 14 years vide order on the sentence dtd. 18/1/2020 in case FIR No.513/2013, registered at P.S. Okhla, Delhi. This conviction was challenged before this court vide CRL.A. No.454/2020. However, the same was dismissed vide judgment dtd. 10/8/2021 and this Court upheld both, the conviction as well as the sentence.

(3.) Learned counsel for petitioner submitted that the petitioner is presently confined in Central Jail No. 5, Tihar and has already undergone incarceration of about 8 years out of rigorous imprisonment for 14 years and fine. He desires to file an SLP for which he sought parole. He also sought parole on the ground of maintaining social-ties with the family. However, this application for parole filed before the Home Department, Govt. of NCT of Delhi on 19/8/2021 was dismissed by the respondent on 18/1/2022, observing that there were no special circumstances that existed for grant of parole as the convict could file the SLP from the jail itself where free legal aid was available to all prisoners. This order of dismissal has been placed on the record as Annexure A.