BIJENDER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The instant 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 on behalf of petitioner seeking issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of three (03) months.

(2.) Brief facts of the case are that the petitioner was arrested in case arising out of FIR No. 694/2016, registered at Police Station Bhalswa Dairy, Delhi under Ss. 302/147/148/149/120B/34 of Indian Penal Code, 1860 ('IPC'). He was convicted by the learned Trial Court, and vide order on sentence dtd. 21/8/2018, he was sentenced to undergo rigorous imprisonment for life alongwith payment of fine of Rs.12,000.00, for offence under Sec. 302 of IPC; rigorous imprisonment for two years alongwith payment of fine of Rs.2,000.00 for offence under Sec. 147 of IPC; and to undergo rigorous imprisonment for three years alongwith payment of fine of Rs.5,000.00 for offence under Sec. 148 of IPC. The petitioner had filed an appeal against his conviction i.e. Crl. Appeal No. 926/2018 before this Court, which was dismissed vide judgment dtd. 26/6/2023.

(3.) The petitioner is currently lodged in Central Jail No. 05, Tihar, Delhi, and has undergone incarceration of about 06 years and 11 months, excluding remission of about 02 years. By way of present petition, he seeks parole on the ground that he wants to file Special Leave Petition ('SLP') before the Hon'ble Apex Court, assailing the orders/judgments vide which he was convicted and his conviction was upheld, in the present FIR, as well as on ground of maintaining social ties with family.