MOHD. GULFAM Vs. STATE

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the petitioner is seeking parole for a period of 03 months for the purpose of filing the SLP in FIR No.191/2011, under Ss. 302/201/363 IPC, registered at Police Station Khajuri Khas.

(2.) It is submitted by the counsel for the petitioner that parole of the petitioner has been denied by the respondent vide impugned order dtd. 1/3/2023 stating that convict can file SLP from jail itself. It is further submitted by the counsel for petitioner that respondent has failed to appreciate the fact that the petitioner has already undergone incarceration of more than 8 years since then the conduct of the petitioner remains good and satisfactory nothing adverse has been reported against him. It is further submitted that as per Rule 1210 of Delhi Prison Rules 2018, petitioner is fully eligible to seek parole for filling SLP before the Hon'ble Supreme Court of India. It is further submitted by counsel for petitioner that this Hon'ble Court has observed, in W.P. (Crl.) No. 1155/2013 dtd. 23/7/2013, 'it is trite to say that there are number of judicial pronouncements in which it has been held that the petitioner is entitled to parole in order to prosecute proceedings before a higher court."

(3.) On the other hand, it is submitted by the learned standing counsel appearing for the state while vehemently opposing the present petition that the conduct of petitioner is unsatisfactory and also a punishment ticket dtd. 4/8/2020 has been issued against the petitioner for tempering with jail record. It is further submitted that if petitioner is released on parole, there are chances of petitioner's jumping the parole.