PARVEEN Vs. STATE

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of petitioner seeking quashing of order dtd. 11/8/2023 passed by respondent/competent authority and for grant of parole for a period of three months.

(2.) Brief facts of the present case are that the petitioner is presently confined in Central Jail No. 2, Tihar, New Delhi and is serving sentence of rigorous imprisonment for life, awarded by the learned Trial Court vide order dated 15.12.20218, in case arising out of FIR bearing no. 87/2011, registered at Police Station Vasant Kunj (South), Delhi for the offences punishable under Ss. 366/376(2)(g)/34 of the Indian Penal Code, 1860 ('IPC'). On 3/11/2022, the appeal preferred by the petitioner against his conviction i.e. CRL.A. 562/2019 was dismissed by this Court.

(3.) Learned counsel for the petitioner states that the petitioner had filed application for grant of parole on grounds of engaging a counsel for the purpose of filing Special Leave Petition ('SLP') before the Hon'ble Apex Court and for establishing social ties, which has been rejected by the competent authority mechanically and on erroneous grounds. It is argued that filing of SLP is a crucial right of a convict and the competent authorities ought not to have denied parole to the petitioner. It is further submitted that petitioner even otherwise fulfills all the conditions as required by the Delhi Prison Rules, 2018 and he is fully eligible for grant of parole. Therefore, it is prayed that petitioner be granted parole.