VISHAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C.') by the petitioner for quashing of order No.F.18/100/2013/HG dtd. 16/5/2023 passed by the respondent and for 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.) The petitioner is presently lodged in Central Jail No. 02, Tihar, New Delhi. By way of judgment dtd. 29/2/2012 passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, the petitioner herein was convicted in case arising out of FIR bearing No. 378/1994 for offences punishable under Ss. 364-A/34 of the Indian Penal Code, 1860 ('IPC') and had been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000.00 and in default of payment of fine, to undergo simple imprisonment for a period of three months. Thereafter, the petitioner had challenged the said judgment before this court i.e., CRL. A. 853/2012 and this Court vide judgment dtd. 28/9/2012 had dismissed the said appeal. The petitioner had then preferred a Special Leave Petition bearing Diary No.25172/2014 before the Hon'ble Supreme Court against the judgment of this Court, which had also been dismissed vide order dtd. 7/1/2015.

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner herein could not attend the last rites of his son and was only granted custody parole for a few hours on 3/2/2023. It is submitted that the petitioner has already undergone incarceration for more than 12 years and has been granted parole by this Court on several occasions and he has never misused the liberty granted to him and has always surrendered on time. It is also submitted that the impugned order dtd. 16/5/2023 rejecting the parole, passed by the competent authority is silent on the aspect that the petitioner wants to re-establish social ties with family members, needs to be with his family at this hard time when death of a young member has occurred. It is accordingly prayed that the petitioner be entitled to parole on the above grounds.