MOHD. SUMER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner seeking issuance of writ in the nature of certiorari for quashing of order dtd. 25/1/2023 passed by respondent rejecting the application of the petitioner seeking parole, and also for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of 04 weeks for engaging a counsel of his own choice for filing Special Leave Petition ('SLP') before the Hon'ble Supreme Court of India.

(2.) In the present case, the petitioner was arrested in FIR bearing No. 229/2013 registered at Police Station Sadar bazar, Delhi and vide judgment dtd. 26/8/2019, he was convicted under Ss. 302/ 324 of Indian Penal Code, 1860 ("IPC Rs. ) by the learned Additional Sessions Judge, Tis Hazari Court, Delhi. By way of order on sentence dtd. 27/9/2019, the petitioner was sentenced to undergo rigorous imprisonment for life along with fine of Rs.10,000.00 under Ss. 302 and to undergo rigorous imprisonment for three years and fine of Rs.5,000.00 under Sec. 324 IPC. The petitioner had then preferred Criminal Appeal No. 1264/2019 before this Court against the judgment and order on sentence passed by the Trail Court. However, the said appeal was dismissed by this Court vide judgment dtd. 19/9/2022 whereby the conviction and order on sentence as recorded by the learned Trial Court was upheld.

(3.) Thereafter, the petitioner had approached the respondent for grant of parole for filing SLP against the judgment dtd. 19/9/2022 passed by this Court. However, the respondent vide order dtd. 25/1/2023 rejected the application for grant of parole filed by the petitioner. The petitioner being aggrieved by the same, has filed the present petition for the issuance of appropriate writ.