(1.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C., the petitioner is seeking the following relief:-
(2.) It is submitted by the learned counsel for the petitioner that petitioner was denied parole vide impugned order dtd. 16/6/2023 only on the ground that the petitioner did not surrender when he was released on emergency parole on 23/5/2020 for a period of 8 weeks, which was further extended time to time due to COVID-19 and that as per nominal roll, the jail conduct of the accused was unsatisfactory. It is further submitted that despite the petitioner continuously enquiring about the date of surrender from the jail authority, he was informed that he need not surrender as his emergency parole was being extended and no such intimation was given to the petitioner with regard to his date of surrender. It is further submitted that petitioner is in judicial custody since 30/6/2008 and has undergone 13 years and 7 months in custody and has earned approximately 2 years of remission. It is further submitted that the petitioner has a family to support and for their subsistence he used to send money by working as "Wasing Sahayak" in the jail.
(3.) Learned counsel for the petitioner has relied upon the following orders passed by this Court: