SANJAY ARORA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for quashing of the order dated 18.2.2013 passed by the Deputy Director (Home), Govt. of NCT of Delhi rejecting his application for being released on parole and for directions to the respondent/State to release him on parole for a period of three months. Counsel for the petitioner states that the petitioner had approached the/respondent/Govt. of NCT of Delhi for being released on parole on the ground of providing medical treatment to his physically challenged mother and for restoring social ties, but the said application was turned down.

(2.) A status report has been filed by the State, wherein it has been stated that on inquiry, it was revealed that the petitioner's mother is aged about 60 years and is having a deformity by birth in her left leg. However, no medical documents were furnished by the petitioner's mother in this regard. It is further stated that the younger brother of the petitioner and his family are available to look after the mother.

(3.) Learned ASC for the State refers to the provision of the Parole/Furlough Guidelines, 2010, particularly, Guideline No. 12.5(a), to submit that where a prisoner like the petitioner herein is convicted for murder after rape, ordinarily, parole would not be granted to him except, if in the discretion of the competent authority, special circumstances exist for grant of parole.