LAWS(DLH)-2023-10-43

SIKANDER Vs. STATE

Decided On October 06, 2023
SIKANDER Appellant
V/S
STATE Respondents

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 has been filed by the petitioner for issuance of writ of certiorari for quashing the order dtd. 16/6/2022 passed by GNCT of Delhi rejecting the application of the petitioner seeking parole and also for issuance of writ of mandamus directing the respondent to release the petitioner on parole for a period of eight weeks.

(2.) In brief, the case of petitioner is that he was awarded sentence R.I. for life, vide order dtd. 20/8/2014, for the offences punishable under Ss. 302/307/452/34 of Indian Penal Code, 1860, in case FIR bearing no. 313/2005, registered at Police Station Gokul Puri, New Delhi. His appeal against conviction was dismissed by this Court vide judgment dtd. 20/11/2015. In relation to this case, the petitioner has undergone almost 17 years and 11 months in jail.

(3.) It is stated by learned counsel for petitioner that petitioner has been released on parole three times by this court vide order dtd. 30/05/2016, 11/07/2018 and 20/11/2020. It is further submitted by learned counsel for petitioner that petitioner seeks parole to re-establish social ties and to curb inner stress and to offer prayer on the grave of his mother and younger brother. It is further submitted that competent authority/Respondent has failed to appreciate that the conduct of petitioner has been satisfactory in jail since the past 1.5 years.