LAWS(DLH)-2024-5-131

BHARAT BHARDWAJ Vs. STATE

Decided On May 30, 2024
Bharat Bhardwaj Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present writ petition under Article 226 of Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner seeking grant of parole for a period of eight (08) weeks for filing the special leave to appeal before the Hon'ble Supreme Court of India.

(2.) The petitioner is presently lodged in Central Jail No. 02, Tihar, New Delhi. By way of judgment dtd. 13/2/2019 passed by the learned Additional Sessions Judge, Saket Courts, New Delhi, the petitioner herein was convicted in case arising out of FIR bearing No. 323/2009registered at Police Station Malviya Nagar, Delhi for offences punishable under Ss. 302/326/147/148/149/452 of the Indian Penal Code, 1860 ('IPC') and had been sentenced to undergo rigorous imprisonment for life. Thereafter, the petitioner had challenged the said judgment before this court by filing an appeal i.e., CRL. A. 514/2019 and this Court vide judgment dtd. 27/3/2023 had dismissed the said appeal. The petitioner herein is seeking parole to file an SLP before the Hon'ble Supreme Court against the judgment of this Court.

(3.) Learned Counsel appearing on behalf of the petitioner submits that the petitioner had filed an application seeking parole before the competent authority for filing of SLP. However, the competent authority vide order dtd. 4/7/2023 has rejected the application for grant of parole to the petitioner. It is further submitted that the order rejecting grant of parole to the petitioner has been passed without application of mind as Rule 1210 (II) is in favor of the petitioner since he has a good conduct in the last two years since he has not been awarded with any major punishment after 7/1/2022. Thus, the same is arbitrary and unfair. Therefore, the petitioner be granted parole in order for him to file an SLP before the Hon'ble Supreme Court and also to establish social ties with his families as he has undergone almost 10 years of sentence, with remission of 01 year 02 months and 06 days. Therefore, considering the above contentions the petitioner herein be granted parole.