NEERAJ Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C filed on behalf of the petitioner seeking parole for a period of three (3) months for engaging a private counsel in order to file an SLP before the Hon'ble Supreme Court of India and to maintain family bonding and re -establishing social ties.

(2.) LEARNED counsel for the petitioner submits that the petitioner intends to file an SLP before the Supreme Court against the order of this Court. Apart from this, the petitioner wants to maintain family bonding and re -establishing social ties. Learned counsel for the petitioner submits that the petitioner will not misuse the liberty of parole and the purpose of his getting parole is only to file SLP before Supreme Court. He further submits that in terms of Parole/Furlough Guidelines -2010 issued by the Government of National Capital Territory of Delhi, it is open to the Government to consider the applications for grant of parole inter alia on various grounds which also includes the ground of filing of a Special Leave Petition before the Supreme Court of India against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be. Counsel submits that in the present case also, the petitioner is seeking parole for filing SLP before the Supreme Court which is covered by ground 9.7, therefore, the present petitioner may be granted parole for the said purpose. The said guideline reads as under: -

(3.) STATUS report has been filed by the State where the prayer is opposed by the State. It has been submitted that the Investigating Officer visited the house of petitioner and found that his family members have been living at Servant Quarter and has no permanent address as such stringent conditions may be imposed upon petitioner in case parole is granted to him.